The Research On The Review Standard Of Business Method Patent Based On The Revised Guidelines

With the development and application of information technology,the combination of traditional business methods and computer technology is active in finance,banking,e-commerce and other fields.The technical characteristics of new business methods and the lack of existing legal protection urgently require the expansion of the scope of patent object.Under the impact of the business environment,in April 2017,Chinese patent examination guide recognized the patent object status of business methods with technical characteristics for the first time.In December 2019,Chinese patent examination guide formulated detailed examination standards.In this context,this paper first analyzes the current situation of business method patent application and authorization around the introduction of the new patent guide.Then from the perspective of legal and practical significance,analyzes the advantages of patent law in protecting business methods compared with Copyright Law and Against Unfair Competition Law.Third analyzes the particularity of business method patent in three aspects: practicability,novelty and creativity.This paper analyzes the problems existing in the review practice of object eligibility review and substantive review due to the neglect of its particularity under the existing review standards,and interprets the contents of the review standards in the newly revised guide,analyzes the possible problems as well.Based on this theory,this paper analyzes the classic cases of the United States,the European Union,Japan and other countries with mature business method patent protection.Through the introduction and evaluation of these cases to sort out the legal experience,grasp the process of business method patent protection and the context of attitude change in these countries and regions,and draw on the experience and lessons that China can learn from. After fully understanding the problems existing in the protection of domestic business method patents,and drawing on the experience of foreign countries for summary, based on the actual development of our country,this paper expounds how to implement the patent protection of business method invention from three aspects of legislative confirmation,improvement of examination standard and practical operation better.