| The patent examination of Internet business models in my country is mainly conducted according to the invention patent standards.The 2017 Patent Examination Guidelines for the first time clarified the examination basis for patent applications involving business models,and in 2020,the examination requirements for patent applications involving commercial features were specified in detail.However,the partial revision of the patent object standard and inventive step standard does not fully meet the protection needs of the country and the industry for the Internet business model,and is not conducive to the long-term development of the Internet business model.Developed countries and regions such as the United States,Europe,Japan and South Korea started early on the patentability research of Internet business models.The open attitude of the United States,the "technical standards" of Europe,and the overall consideration of Japan and South Korea are not conducive to research.It has important reference significance to improve the review basis of my country’s Internet business model.The current method of reviewing patent applications for Internet business models based on invention patent standards fails to fundamentally solve the limitations of Internet business model patent review.Based on the problems found in patent review,it proposes to improve the patent protection system from both short-term and long-term Suggestions: First,it is recommended to improve the examination standards of patent objects in the short term,especially the definitions and analysis of "rules and methods of intellectual activities","technical solutions" and "natural laws",so as to give the Internet business model the basic conditions for obtaining patent rights;Second,it is recommended to improve the creative review standards in the short term,especially to remove the restriction on “technical contribution” in creative review,and to clarify the application of common sense and artificial intelligence,so as to improve the authority of the creative review of Internet business models;Third,in the long run,it is recommended to add new "Business model" invention-creation type,based on the thinking of “broadening authorization and limiting effectiveness”,simplify the examination procedure,improve the examination content,shorten the protection period,creatively propose to set the exclusive authority of the "business model" in a specific business field,and promote the professional and standardized development of the patent examination of the Internet business model. |
