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New Changes of U.S. Business Method Patent Examination

Author: ZhangQiaoZuo
Tutor: LiXiuJuan
School: East China University of Political Science
Course: Legal
Keywords: Business methods Patent Object of patent Methods of patent examination
CLC: DD913
Type: Master's thesis
Year: 2010
Downloads: 178
Quote: 2
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Abstract


Information revolution brought by economic globalization has led to the electronic commerce, business market networking and the automation of business transactions, led to the rapid development of internet business. Business methods combined with the computer and the network are introduced to economy and financial activities, for ensuring the first-mover advantage and investment return in the network economy, international enterprise groups start to apply business method patent to get protection. The court decision of State Street Bank made by United States Federal Circuit Court of Appeals in 1998 first confirmed the patentability of business method patent, and established a business method patent examination rule. Other regions and countries also start to give patent protection to business methods with the influence of the United States. After decade’s development of the business method patent, the court decision of the Bilsik made by U.S. Federal Circuit Court of Appeals in 2008 rejected the business method patent examination rule established by State Street Bank, and produced a new rule. Many disputes have brought by the new rule, and the requirement of business method patent protection has changed. In this situation, it is significant to do research on changes of U.S. business method patent examination and differences between the Chinese and U.S. related examination. We can improve our regulations of business method patent through the practice experiences of the U.S..This paper is divided into three parts. The first part elaborated the writing background and the purpose. The second part is divided into four sections: The first section expounded the business method patent related issues. First it focused on the definition of business method and business method patent. Then by comparative analysis of the development of business method patent between China and U.S., analyzed China’s development tendency of business method patent.The second section mainly analyzed the patentability of the U.S. business method patent. First it analyzed the "method" classic patent dispute cases, introduced the patentability of the method patent. And then it analyzed the case which is confirmed patentability of business method, described the patentability requirements of business method patent.The third section emphasized issues of U.S. business method patent examination. The United States produced a examination rule of business method patent- "specific, useful, and tangible result" test when confirmed patentability of business method, Bilski case in 2008 produced a new rule - "the machine or transformation" test . By comparing the rules "concrete, useful, and tangible result" test and "machine or transformation" test, analyzed the new change of U.S. business method patent examination.The fourth section mainly stressed the significance of changes of the U.S. business method patents examination to our country. It introduced China’s business method patent related regulations, and then by comparing the differences of business method patent examination between China and U.S., introduced the major inspiration of the new changes of the U.S. to our country.The last part clarified the significance of the new changes of U.S. business method patent examination to our country.

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