The Research On Substantive Standard Of Review Of Business Method Patents

The Patent issues of business method is in dispute for a long time,so that the business method didn’t obtain stable Status in the field of patent system until the development of information technology, electronic commerce, patent protection for computer software and so on,which improved the objective environment of business method and reversed this situation Gradually. This is yet another expansion of the scope of patentable subject matter. The argument about whether business methods can be patented is further increased to another stage,which involves the substantive examination standard of patent. What standard of substantive examination can encourage innovation about business method patents has become the focus, that is also the core issues the author attempt to resolve in the text.In this paper, by analyzing the business method patents connotation and denotation, classification, characteristics, and other issues of patentability, and exploring its foreign evolution course of substantive examination and domestic institutional development status, the author tries to summarize useful reference experience for utility, novelty and creativity of our business method patent system. Patent examination of objective conditions, the quality of the review staff requirements, relationship between specific review criteria and review procedures are the most important issue of business method patents at the stage of substantive examination. Based on the status of our system and foreign experience, substantive examination of business method patents should adhere to the "technical features" to adjust its substantive standard of review. In addition, In order to solve the specific issues of utility, novelty and creativity of our business method patents, the authors recommend the following guidelines to prevent and limit excessive patent monopolies and flooding.First,we need to adhere to encouragement and protection of knowledge and innovation as the core concept of product.second, we need to adhere to the legal nature of substantive standard of review. third,we need to adhere to the relativity and absolutism of application of substantive standard. Fourth,we need to adhere to the "creativity" as the focus of substantive examination.As a kind of products of the commodity economy prosperity and technological innovation, business method patent originated in United States, Japan, Europe and other developed countries.In the international context of aggressive patent policy and patent globalization, business method patent issues are also of concern and hot. From a macro perspective, not only does establishing a business method patent system represents the national interests of a country, but also become the development trend of the patent system.Now, Substantive examination standard of patent has become a checkpoint to control the open scale of business method patent. We need to balance the interests between the needs of the public and business method patent holders, and to wary of the threat of developed countries to the domestic industry by using technology advantages.