Research On Patents For Computer-implemented Business Methods In The Sharing Economy

In Shared economic boom,driven by information sharing blurred the line between business and technical areas,computer business method inventions were born.It has also become an important part of shared economic innovation and development.and the market has become the Internet enterprise,balance the domestic and foreign group interests and economic security of important legal weapon.Patent issues in the shared economy mainly focus on technology,including but not limited to information technology,application technology and future technology.Because of the obscure patent status and standard of the commercial method of computer implementation with technical and managerial nature,its patentability is hindered.The United States,Japan and Europe have affirmed the patentability of computer business methods.In order to protect the development of domestic enterprises,China holds a conservative position on the commercial methods of computer implementation,and has a high threshold for its examination,which suppresses the innovative desire of creators.Although the patents for commercial methods implemented by computers as technical solutions have been recognized in China at present,they have not been clearly defined in the level of patent law in China,and the rights and interests of relevant inventors are difficult to be fully and effectively protected.Based on the above background,at first,in this article,through combing the basic idea of sharing economy and the computer business method,define the opposite and unified relationship between computer business methods and sharing economy,and the status of the two in the current economic situation.Secondly,by comparing and summarizing the development process and review practice standards of business method patents in the United States,Japan,Europe and Taiwan,To study the practical experience of countries and regions where the level of patent protection for commercial methods implemented by computers is in the first place,and to analyze how to define and judge the successful experience of the invention of commercial methods implemented by computers,so as to provide reference for our country’s legislative experience.It provides a good example for our country and makes us master the problems that may be encountered in the process of the patent protection of the computer business methods in a more comprehensive way.Thirdly,the legitimacy of the commercial method patent implemented by computer is analyzed from the perspective of economy.From computer business methods on the implementation of social benefits and social cost,discusses the computer implementation of the commercial method under the Shared economic boom can play to stimulate innovation and realize benefit balance,provide theoretical support for the justification of patent protection.Finally,the paper analyzes the challenges to the computer business method patent system in the sharing economy and the countermeasures to be taken,mainly expounds the judgment problems in the process of patent examination of the computer business method in the sharing economy,and puts forward Suggestions on legislation,specific examination standards and document writing,so as to make a modest contribution to the computer business method patent protection implemented in China.