Research On The Patent Protection For Business Method

The protection for business method patent was firstly recognized in the USA,and then Europe, Japan, Australia, Taiwan and other countries and regions have obtained patent qualification. However, it has caused constantly debation on the patentability of business methods and other related issues, up to now, there is no conclusion. The USA has also made many changes of attitude to the problem that whether the business methods are patentable or not. From the business method as one of the abstract thinking and kept out of the door of the patent system, to the case of State Street Bank unified the patent system by eliminating the business method exception to patentability, to the business method review trilogy and the latest Bilski case, business method problems related to patent protection has a clear trend. Only a few years time of research in this field in our country, analysis of Chinese patent law and the guidelines for the review can be found. Chinese legislation has not yet confirmed the patentability of the business method, however, through the national patent information service platform of the invention has been part of the retrieval, business method patent authorization. Without certainty, there is instability. Lacking of guidance role is not conducive to the development. This paper hope that establish and perfect the patent system is beneficial to Chinese business method on the basis of previous research results, through further study on business method patent protection problem.This paper by methods of literature study, comparative analysis and case analysis, describes the basic theory of business method patent, investigates and analyzes of overseas advanced legislations and typical cases. Based on Chinese current business method in the practical situation and protection legislation present situation and existing problem analysis and interpretation, proposes the establishment of a sound some relevant advices. The first part explains the basic theory of business method patent, the legal definition of the concept, and the relative. The second part introduces the patentability of business method standard of extraterritorial legislation and review, and has made the detailed elaboration on the effect of Bilski case, the court and the judgement. The third part from the three aspects of novelty, creativity and practicality to substantial requirements of business method patent are analyzed. The fourth part through the legislation of business method patent protection and the practice present situation, existing problems, and further put forward to establish and perfect the system suggestion.