| For the definition of commercial methods, different countries vary, but its essential meaning is: theprocess of processing solutions business or affairs of the economic activity, created by the humanintelligence methods or rules. As can be seen traditional business methods are highly subjective, is athinking activity. Therefore, in the past usually considered business methods are not patentable scope.However, with the advancement of technology, especially computer technology and the rise of e-commercetechnology, business methods in the traditional sense has been widely combined with modern technology,making the business method with the " technical features ", is no longer just an abstract thinking, whichoffers the possibility to obtain patent protection for business methods.The United States is a pioneer in business method patent system, business method patent system iscurrently the most perfect state, in Europe and Japan after its rapid follow-up, have abandoned theprevious patents on business methods can not be the attitude, and established a legal system and Businessmethod patents censorship.Our business method patent system in a late start, is still in the exploratory stage, in order tostimulate social innovation, market players guide the orderly competition, it is necessary to speed up theconstruction of China-related business method patent law system.Our existing laws are not yet available for business method patents and business method patentexamination standards make clear that it did not completely rule out the possibility of business methodinventions can be patented. China’s Patent Law Article2, paragraph2,"patent refers to any new technicalsolution product, process or improvement thereof ", thus, can be inferred to meet the conditions as long asthe business method inventions " technical solutions " on possible to obtain patent protection. In thespecific patent examination practice, has a lot of business method inventions patented, such as Citibank inthe1990s on the protection of business method patent applications related to the financial sector in thecountry and get a patent. However, the absence of specific legislation leads to review practice standardsare not uniform, and the related surge in patent litigation. Because of this, we need the business methodpatent system developed countries and regions to learn, analyze their business method patent development process, summarize experience gains and losses, in order to promote the scientific development of China’sbusiness method patent system on this basis.This paper is divided into four chapters body part:The first chapter is an overview of business method patents. Describes the differences between thebasic concepts of business method patents involved in the basic theory and basic classification andtraditional business methods and business methods can be patented betweenChapter II study of comparative law as a business method patent standards. Introduced the formationand development of the United States, Europe and Japan business method patent system, and their existingbusiness method patent examination standards have been described and summarized.The third chapter is the development of our business method patent system evolved to do the sort,made a presentation on the current situation, pointing out the current situation and the lack of a reflection.The fourth chapter is for lack of business method patent system gives the correspondingcountermeasures, I believe that should be established to improve the overall direction, and then proceedfrom the legislative and other supporting systems, only multi-pronged approach in order to improve ourbusiness in a short time Science and rationality of the method of the patent system.Conclusion, a simple summary of the full text summarizes the main points of this article. |
