Research Of Examination Standard On Business Method Patent

The development of science and economy to promote the diversification ofbusiness, and the combination of technology and business methods produced a specialkind of patent application, namely the business method patent. Based on businessmethod patent clear definition and study its characteristics, historical evolution ofresearch and analysis of beauty, in Europe, in the business method patent category onthe examination principle, the standard of review, found the wisdom and experience,combined with China’s standard of review and review of current practice, learn fromother countries, it is worth learning in the evolution process of thinking, put forwardsuggestions in the field review standards to china.The United States is the business method patent application the most active state,the analysis judgment in a series of typical cases in the court opinion constantly adjustand influence the establishment of patent and Trademark Office review guidelines,developed a relatively stable and operational standard of review. The standard ofreview the United States Patent Examination System Based on the existing structure,for the United States national economic interest, uses a relatively relaxed attitude isnot the technology review, as a necessary condition of patent. By establishing highoperability review method to determine the object and reduce subjective censors, thereview of the objectivity and consistency,"judging method of machine ortransformation" and the requirements of practical applications is the United States ofAmerica review standard features. Europe and Japan on the basis of the interests, amore stringent standard of review, which requires technical characteristics to obtainthe patent authorization. Compared with Europe, Japan had a step forward, theinvention of computer software related into a patent object category with technicalcharacteristics. The above-mentioned countries and regions are developed areas oftechnology and business, business method patent examination practice have differentlevels of development, so it is worthy of our reference.In view of China’s national conditions, adhere to the European or Japanese issimilar to the "technical" standard is in accordance with the present stage of ourcountry interest. Our current review system, related to business method applications considered to involve intellectual activity rules, and computer-related inventions. Thebusiness method patent examination standards and European standards "technology",our country mainly uses to examine method "three elements" as the core of thestandard of review, require the applicant to must have the technical characteristic,solve the technical problems of using technology, so as to realize the technical effectof certain. Patent this review standards in the field of traditional technology review isapplicable, but the same methods review will appear on the business method patent:(1) technical characteristics of business method patent and non-technicalcharacteristics of highly complex, separation is difficult to judge, so can’t simplybecause it contains some non-technical characteristics of intellectual activity rule butexcluded from its authorized scope;(2) technical characteristics of business methodpatent sometimes need to be judged by their effects, this method is easy to confuse theobject examination and Creative Review;(3) our patent examination, practicalexamination is too simple, exist in name only, and is a very important inventionpractical related to business methods;(4) the traditional problems in the patent law,patent technology scheme between technology can and cannot be patented boundariesis still very difficult to judge, due to "technical features of" definition is not clear.Accordingly, we should perfect our country and business method review standardsfrom the following aspects:(1) claimed method to establish the overall review of anapplication;(2) strengthen the object examination standard, to distinguish andCreative Review;(3) improve the practical application case requirements, joined the"practical" requirements;(4) the concept of "features". In addition, because thebusiness method patent are generally easy to use limited functionality described inwriting, which claims not to the support of specification, therefore, used to limit thefunctional limit.