Research On The Examination Of Business Method Patent

Compared with the contract law,copyright,trademark and trade secret protection model,the patent protection model of the business model has unique advantages.On the other hand,in order to defend the patent standardization strategy of developed countries and better promote the development of network economy and e-commerce,China also needs to actively develop the business model patent protection system.And according to the practical experience of developed countries and regions,the patent protection business model can obtain strong innovation and international competitiveness,so the authorization protection of business model patents is completely feasible and effective.In April 2017,business model patents were officially written in the Patent Examination Guidelines,but only mentioning the possibility that non-simple business models are patented because of their technical characteristics,and there is no commercial The definition,type,application writing requirements,object review criteria and substantive review criteria of the model patents are clearly defined.The National Knowledge Bureau has stricter standards for reviewing business model patents and is cautious,but the number of applications for domestic business model patents is still increasing.After a series of adjusted review guidelines,the rules for business model patent examination rules are more and more specific,and the operability is getting stronger.However,in general,there are still some imperfections in the review guidelines on business model patents.Although the legal provisions of China do not directly stipulate the patentability of business models,they have not ruled out their patentability.In general,China's business model patents started late,and some problems were exposed in practice.At present,the more prominent problems in the process of patent examination in China's business model are concentrated in object review and creative review.As a country with a late start of the patent system,it is necessary for China to strengthen research on business model inventions and review practices,and learn from the experience of developed countries such as the United States,Japan,and Europe,learn lessons,and build on academic standards.Accurately relax the licensing conditions for business model inventions.Based on the current legislative status and review practice status of China's business model patents,this paper separately discusses the relevant legislation and review practices of the United States,the European Union and Japan,and analyzes and contrasts the similarities and differences between the three parties,and then studies the patent examination of foreign business models.The evolution of legal protection trends and attitudes,and finally put forward some preliminary opinions on the improvement of China's business model patent system in terms of legislation and review practice.