Research On The Protection Of Business Method Patents Of Internet Enterprises

With the continuous advancement of computer network technology and the continuous expansion of patented objects,business method patents implemented by technical means have gradually gained the recognition of developed countries and developed regions.This article starts with the concept of commercial method patents,sorts out the development process of business method patents,and studies the current status and theoretical basis of the protection of business methods in China.It analyzes the policy evolution of developed country of business methods,and then proposes that it conforms to China’s national conditions.Protection advice.This article is divided into five chapters for discussion.The first part mainly discusses the research significance,research purpose,literature review and research methods of the article.The second chapter mainly introduces the definition of business methods,business method patents and the current status of protection of our business methods.This chapter mainly introduces the status quo and development trend of patent protection for commercial methods in the Internet field in China through specific data and examples,and points out the problems existing in the protection of business methods patents in China.The third chapter mainly introduces the necessity,the legitimacy as well as the speciality of the examination of the protection of the commercial method patent.Firstly,the limitations of the protection of commercial methods are discussed from the perspective of the protection of copyrights and trade secrets,which leads to the advantages of patent protection.Secondly,discussing the legitimacy of patenting of business methods from legal and economic perspectives,mainly from the perspective of Locke’s natural law theory,benefit theory,and benefit balance theory.Thirdly,the article discusses the business method patents’ particularities from their characteristics.The fourth chapter firstly introduces the evolution of the protection system and review standards for business method patents in developed countries and regions such as the United States,Japan,and the European Union,and then combines the case of China’s Thymine Cloud Technology with Mobike and the business methods patent layout of Alibaba and Tencent.Through empirical analysis,through comparative studies,it is revealed that the patent examination system for commercial methods in our country is still insufficient.The fifth chapter is mainly from the standardization of business method patent examination system,perfect legislation and enterprise protection three levels to set up the protection of our business method patents.The author believes that the review system should be improved from the review criteria,review procedures,etc.,and the relevant legislative departments should publish the detailed examination rules for business method patents.Enterprises should protect their own interests from both self-improvement and foreign affairs,including the establishment and improvement of patent development strategies,and actively apply.Patent,and the rational use of litigation strategies.