Research On The Patent Protection Of Business Method Of Banking Industry In China

After our country joining in the WTO, there is no doubt that there will belaunched a fierce competition between domestic Banks and foreign Bank. Thebusiness products has increasingly become the mainstream of financial innovation.Itis obvious that who mastered the core technology in this field that will be able totake the initiative position in the competition and occupy the market. The best wayto encourage business services and innovation is to protect the business patent.Foreign Banks has caused a huge impact to domestic Banks by its mature businessinnovation and protection system.this will cause some significant influence to oureconomy even our national interests, and therefore, it is very important andsignificant to protect our banks financial products patent.This paper is divided into five parts. The first part give a general introductionabout the macro background, the current research status and something about theauthor′s method and writing innovations. The second part introduces about someconcepts of Business method patent.Because the meaning of business method patentis indefinite，China Japan and American give different definition to the businessmethod patent.Most of the countries have admitted that containing sometechnological means is the premise of patent protection. The third part gives someintroduction about the legal basis of business method patent about China andUSA,and also give some established case in China and American Through thecomparison of the two most representative case, analyzed the similarities anddifferences about the practice of the protection of business method between Chinaand the United States.The fourth part mainly in the form of data shows the currentstatus of Chinese and foreign banks in the business method patent application, bycomparing the quantity and quality of Chinese and foreign banks in the patentapplication, as well as the analysis of the overall competitiveness of Chinese banks,draw a conclusion that there is a huge gap between the Chinese banks in the businessmethod patent protection and the foreign banks. Because the protection system ofbusiness method patent in China is relatively backward, it is necessary to protectbusiness method patent of Chinese Banks. There exit many defects about theprotection system of business method patent protection in our country, and thefactors which influence the protection of bank business method in China is various.In the last part, the author put forward some suggestions how to protect our banks financial products.The ultimate purpose of studying the business method is to offer somesuggestion for China on how to establish patent protection system for the computersoftware-related business method. Chinese Banks should enhance investment inbusiness methods of innovation to improve its international competitiveness.