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The Analyze of Business Method Patent Issue

Author: SunJiao
Tutor: ZhuZuoYe
School: East China University of Politics and Law
Course: Legal
Keywords: Business method software patents Patentability
CLC: D923.42
Type: Master's thesis
Year: 2005
Downloads: 247
Quote: 2
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Abstract


With the development of the Internet , e - commerce has become the focus of attention , and network-related business method software patents , has also become a hot topic , the start of a battle between the United States , Japan and the European Union patent . After several years of debate and practice , Europe has to change their position , Japan has improved steadily in the specification , the United States is already far ahead of the protection of the business method software patents . Three patent eligibility is no longer the nature of differences , \Produced in the e-commerce business method software , relatively speaking, is still a relatively new field , the development of China's e-commerce is entirely the opportunity to catch up with the developed countries in the West . However, in the face of the United States, Japan , Europe aggressive business method software patents boom of all walks of life \China mainly just rely on copyright and trade secret mode to protect the business method software , this is not only inconsistent with the nature of the business method software itself , but also a huge competition in front of the United States, Japan , Europe , and not conducive to promoting China's own intellectual property innovation , is not conducive to China's e-commerce development . Therefore , China should be amended as soon as possible to patent legal system , a clear business method software included in the scope of patent protection by the legal establishment and improvement of business method software patents protection mechanisms to the development of China 's own e-commerce , so that our country in the world economy Lin Zhongli position. In this paper, by reading a lot of references to the protection of business method software patents . This paper analyzes in Chapter What is business method software patents , and details to protect the status quo and trends of the major powers of the United States , Japan, Europe and other proprietary software patents on business methods . The second chapter is the focus of this article , in two ways detailed analysis of the essence of the business method software patent protection . First, through the business method software the three protected mode ( the copyright protected mode , trade secret protection mode and patent protection mode ) analyzes the patent law to

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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