Research On Business Method Patent Protection

Business method patent protection started from 1998 American State Street Bank Case. It’s the first time Business method becomes the object of patent protection. However, it’s generally different from the normal patented invention, whether it should be protected by patent or not are controversial. But with the development of internet and e-commerce which bring various transformations, most commercial method use computer software as the carrier, and Business method patent protection will be the trend, which has been proved in practice. The United States promotes patent protection, Japan and the European Union and other countries and regions adjust the patent policy actively and strengthen the protection of business method patent. Their protection related to their economic benefits. Citibank succeeded in applying business method patent in China, which brought great pressure to our related industry, so China began to pay attention to the business method patent. China didn’t promulgated legal documents of special protection of business method, only has the Patent Law until now. Due to the particularity of business method invention such legislation cannot meet the actual need. As the granting business method patent number has been rising in our country, our country’s attitude about the business method patent is prudent. But as the "method patentability--patent standardization--standard license " development trend, China can not avoid the challenge of business method patent. This article plans to solve that problem which is how to treat the business method patent in such a situation in our country.This paper includes five parts about the protection of business method patent issues. I described some of my own views on basis of introduce, analysis, research. The first part is an overview of business method patent. Firstly, I expound the comparison between business method patent and other conceptions, then elaborate the limitation of other non patent protection in order to draw the conclusion of patent protection. The second part I talk about the protection of business method patent feasibility, which from the controversial ideas to dispute resolution, following the business method patent value, which includes fair value, justice value, order value and benefit value. Finally I discuss about the business method patent development status and trends finally. The third part I analyze the commercial method patent protection condition. First I introduced feasibility of the patent protection object. Then I compared primarily the patent protection requirements of other countries. Lastly I analyze on the substantive conditions of business method patent protection, including practicality, novelty, creativity. The fourth part I describes the current situation of Chinese patent protection and problems. Through the analysis of the opportunities and challenges, I get the practical significance of the business method patent protection, which can be described from external causes and internal factors. Then I expound the current situation of Chinese patent protection, including legislative requirements and practice performance, and then analyze the Chinese treatment of the patent and the business method patent protection problems.The fifth part is about that according to the situation of a country, I put forward thinking and ideas:we can improve business method patent from legislation, policy and practice.Some concept is from the scholars discussion, some from my own summing-up after thinking, which maybe some new ideas, such as the protection of business method patent controversies, the comparison about review methods of other countries, the practical significance of Chinese business methods patent protection, and countermeasures of business method patent. I hope it’s helpful to strengthen our protection of business method patent. But because I lack academic diathesis, maybe there are imperfections in my thesis.