The Study On Examination Standard Of Business Methods Patent-eligible

Traditionally,the business method always thought not belong to patent protection area.With the development of science and technology,a lot countries began to change the attitude of the invention of business methods,began to gradually recognize the patentability of business methods.And these countries adjusted their patent policies to recognize “business method software was patent-eligibility”.The examination standards of America has changed from the original“practical,concrete and tangible results”to the current“the two-steps analysis of Mayo”,and the EU has evolved from the original "technical contribution" standard to the current “hardware facility”,Even within the EU,standards for the review of commercial method patents cannot be harmonized,such as the United Kingdom is still using the“technical contribution” standard,while Germany is the use of“technical teaching”standards.In addition,Japan adopted the“two-step test”standard.That the patentability of business methods for the review of countries is still constantly in the exploration,through the theoretical derivation and practical feedback,business methods of patentability review standards in constant change.China’s patent law development so far more than 20 years,as for business method patents,its development is still in its infancy,the provisions of the business methods of patent is not specific enough,there are existing review standards can be improved.The judgment standards of patent-eligibility was constantly changing,so how to work out the relevant laws based on Chinese patent system development status of the times was worthy of study.This paper compare the difference between the business methods patent and traditional methods patent,and its breakthroughs in the traditional patent law to analyze our current business methods to review the existing problems.At the same time through the comparative analysis of the United States,the European Union and China’s standards,analysis of China’s needs of how the standard,and then in-depth discussion of the“technical”,and commercial methods of invention“technical”in the end what kind of standards.Finally,some suggestions are put forward for the patentability review of our commercial methods.This paper was divided into four parts:The first part compare the difference between the business methods patent and traditional methods patent.after that,author analyzes the breakthrough of the patent of the business methods patent to the patent law and the patent examination.Through the above analysis,it is concluded that the examination of the business methods patent requires independent examination standard.And introduce the current analysis of China’s current business methods of the status quo and problems,The review of business methods patent applications focuses on whether or not to actually solve technical problems.In the second part,the author analyzes the advantages and disadvantages of the “the two-steps analysis of Mayo”and the influence of “the two-steps analysis of Mayo”,which is introduced by the Supreme Court of the United States.Second,the European Patent Office to review the "hardware facilities" standards.Then,author analyzes the difference of the“technical”and“practical”,Discusses the meaning of "technical" and analyzes the harm brought by “ practicality ” instead of “technical”.then analyzed the "technical" standard judgments and various types of review standards,we must adhere to the“technical”and“technical”to introduce relevant examination standard.In the third part,our country needs to clarify the legal status of the patent of the business methods.the patent examination of the business methods should clarify the "technical" and clarify the content of the "technical" standard.