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The Analysis Of The Patent Eligibility Of Business Method

Posted on:2018-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:C PangFull Text:PDF
GTID:2336330512992054Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of the world economy cannot be separated from the positive role of innovation.Through the innovation of business methods,the enterprise profits are increasing and the comprehensive strength is increasing.Therefore,the patent protection of commercial methods is getting more and more attention from enterprises and companies.As one of the countries with better intellectual property protection,the United States has also explored the patentability of commercial methods.The US Supreme Court has given high attention to the issue of whether the business method can be a patented object,and since 1998,the US Supreme Court has made several major changes to the patentability standards for business methods.The "two-step approach" to the "machine or transformation" standard established by the Bilski case,and then to the Mayo case,was established from State Street Bank’s "practical application of abstract thinking and produced practical,concrete and practical results" Myriad case for the "additional factors"requirements,and finally to the Alice case after the establishment of the patent review framework,the Federal Supreme Court on the commercial method of patent protection has gone through a process from loose to tightening.The United States for business methods can determine the patentability of the country can bring a lot of reference,China’s current business method of patent protection in a stage of development,compared with the United States has a large gap,there are legislation imperfect,rules Not clear and many other issues.At present,China is carrying out the fourth revision of the Patent Law.We will carefully study the series of landmark decisions made by the Supreme Court of the United States,and take its essence and go to its dross and combine with our actual conditions.China’s commercial methods to protect the review standards,improve the quality of our legislation and comprehensiveness,and promote the continuous progress of China’s innovation.
Keywords/Search Tags:Business methods, Patentability, Patent
PDF Full Text Request
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