| Under the background of the rapid development of the world economy,the national policies actively guide and promote the relevant strategic policies related to business method patents;And business method patent has been included in China’s 《Patent Review Guide》 which newly revised,from the legislative level official business method patent into the protect object category.They all make the business method patents become a hot academic research agains.The existing research on business method patent involve object review standards and substantive review standards,and it also analyze China,the United States,Europe,Japan and other countries and regions of the review standards.The standards of review in different countries are not the same,and with the passage of time,the same country in different periods of review standards will change.The review standard is not static but dynamic.In the current study,there is not a comparative analysis of business method patent review standard which is carried out in the same reference frame among China,the United States,Europe,Japan;And there is also not a ranking of severity for the review of business method patents in the four countries.In this paper,in the way of collecting the patent information data of business method patents,counting the rate of patent application and analyzing Severity degree of Business method patent review standard among countries.Then the United States patent data as the sample,expansion and sifting the patent data,have a micro analysis of patent family number of the top 20 patent families,the each country and the area for the same patent examination results and standard of review.And combined with the actual cases of legislation and judicial practice,the paper concludes the Severity degree of China and the United States,Europe,Japan,four countries and regions,business method patent review standards.Data analysis of business method patents found that the United States for business method patent licensing restrictions increasingly obvious,the current business method patent in the United States has been difficult to obtain authorization.The United States from a high rate of authorization reduced to a low rate of change of its review standards.The review of business method patents in Europe has long been demanding a higher level of technical requirements.Japan’s business method patent requirements for the overall analysis,and with the help of the computer as a carrier,to achieve its technical requirements,the Japanese standard of review slightly looser than China.Business method patent review standards from lax to strict ranking is the United States,Japan,China,Europe.But Through the family patent data on the simple family of different countries in the authorization of the statistical situation,found that the business method patent review standards from lax to strict ranking is China,the United States,Europe,Japan.The main reason for the inconsistency between the two is the comparison of the same patent under the same standard,so the result is more accurate.However,the standard of the family patent in the original abandoned the poor quality of the patent.Through empirical analysis,combining with the legislation and judicial practice,proposes that China should set up a chapter in ”patent examination guidelines” specially,as the scope of the specific provisions of the object of the business method patent protection,and the specific review standards of business method patent.So that its legal status is recognized at the same time,improve the relevant supporting regulations. |
