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Research on Patent Protection of Business Method

Author: YangKaiLiang
Tutor: ZhangYuMin
School: Southwest University of Political Science
Course: Legal
Keywords: Business Methods Business Method Patents Novelty Creativity Practicality
CLC: D923.42
Type: Master's thesis
Year: 2010
Downloads: 167
Quote: 1
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Abstract

In the traditional theory of patent law, business methods due to the general rules of intellectual activity and known public knowledge are excluded from the object of the patent protection. However, as more and more business methods in combination with the computer hardware is introduced into the network and financial activities, the International Enterprise Group in order to get first-mover advantage and return on investment in the network economy, began to strongly urge business methods patent protection. In this situation, the United States took the lead to repeal the business method exception principle, give the judicial status of computer-implemented business method patents object certainly in the case of State Street Bank Trust, thus creating a precedent for a business method patent protection. Subsequently, triggered a worldwide Business method patent war, began to rise sharply in the application and grant amount of business method patents in the United States, Europe, Japan and other developed regions or countries. People dispute the patentability of business methods, but the United States, Japan and other major developed countries to allow authorized business method patent is an indisputable fact, and they are everywhere, \The expansion within the range of the trend. The direct cause behind this is related to the huge national interest. Now need to be resolved, not commercial or not to patent protection issues, but how to give protection. Substantive conditions - novelty, inventiveness and practical review of the United States, Japan, Europe and other major developed countries between standard invention of patentable business methods are not uniform, how to solve this problem, is the need for countries to make joint efforts place. The face of this business method patents war, the Chinese government and enterprises should be how to deal with it? According to the laws of our country, the business method does not absolutely exclude patent protection outside the gate. But in general, the attitude of our country is uncertain. I believe that passively stand is not a wise move, the urgent need to take some positive policies and measures to deal with. This article is divided into three parts: The first part describes the origin of business method patents, the basic concepts and features, and analysis of the status quo and development trend of business method patents; standard of the second part of the major developed countries to grant substantive conditions of business method patents for inventions and the introduction of the review and comparative discussion; third part of a targeted response to business method patent war measures and strategies based on the actual situation of our country. In the process of writing, the author access to a lot of literature, the use of the dialectical method and comparison method, the method of economic analysis, the method explained elaborate and research.

Research on Patent Protection of Business Method

Abstract

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