On The Judgment Of Business Method Software Patent Inventiveness

The "inventiveness" in the conditions of patent authorization is the core problem of the whole patent system.As business method software patent integrates business method and computer related technology,how to creatively judge the technical characteristics and business method characteristics according to the characteristics of business method software patent is a problem worthy of in-depth study.This paper argues that only by placing the business method software patent in a technical perspective can it have the premise of creative judgment.The technical requirements in the object of patent and the technical requirements in the non-creative are intermingled but different.Only on the basis that the business method software patent meets the technical requirements of the object of the patent,can it continue to judge whether it meets the technical requirements in creativity.Business method software patent belongs to the business world and fusion in the field of computer software technology,the requirements of technical personnel and one’s profession standard is different from single belongs to technical field staff in the field of technology,therefore,need to set reasonable’s profession technical personnel,to ensure that the Angle of the body of the creative judgment to maintain impartiality in degree.The rapid development of modern business and related computer software technology,has caused many related business methods related to computer software technical literature cannot form the written record in a timely manner,and in the existing technology retrieval cannot be fully effective retrieval,therefore,to establish related business method patent database software can make up for the lack of existing technology to some extent.In the continuous development of business,it is closely integrated with computer software-related technologies,and the boundary between business and technology industry is increasingly blurred.How the standard of creativity responds to this change will influence the development of the modern business and computer software industry and the incentive mechanism for innovation.Europe’s adherence to the principle of technology and the United States’ failure to do so are at the opposite end of the spectrum.There are merits and demerits in the adherence and failure of technical principles,but it is obvious that we should neither blindly adhere to them nor blindly abandon them.Technical standards high and low impact isat the ends of the balance of the social public interests and the interests of the patentee,so to keep balance in the balance,this paper introduced technical relevance judgment,neither completely regardless of business method characteristic,also not to accept the features of business methods,can set the technical standards in a reasonable level,so that they can make the creative standard of business method software patents to balance the social public interests and the interests of the patentee.