Thesis Guide For Postgraduates Of Northwest University

As a new type of patent,the method patent is of great value in the field of commercial circulation and national strategic level,but its legal protection is hindered by the imperfection of system regulations.Starting with the evolution of the connotation of business methods,this paper discusses that the most suitable protection mode is patent protection,and makes an in-depth analysis,and on this basis,perfects the construction of the patent protection system of business methods suitable for the present stage.The continuous technical connotation of expansion,the heterogeneity of intellectual property rights and the defects of the existing Patent Examination Guide are the three dilemmas that affect the efficiency of business method patent protection.It is necessary to adhere to the proper application of policies and laws coordinated development with the general and the special,and always adhere to the three concepts of balancing the interests of many parties.In the aspect of specific system design,we should respect the natural law of technological development,reasonably deal with the heterogeneous influence of intellectual property rights,rationally draw lessons from advanced legal systems outside the country,and flexibly adopt various supporting policies.As China’s patent law doesn’t directly stipulate business method patents,the Patent Examination Guide revised in 2019 is the most specific document concerning business method patents among all laws and regulations at present.Therefore,the core of system design should be to improve the defects of this version of the Guide.When examining business method patents,we should abide by the principle of overall examination,strictly distinguish the links of object suitability examination and substantive examination,clarify the requirements of object suitability examination and substantive examination,and pay attention to the examination period and protection period of business method patents,which should be assisted by measures such as patent elite cultivation mechanism,temporary examination system,example reference system and special database of business method patents.