商業(yè)方法可專(zhuān)利性的研究.pdf

1、對(duì)外經(jīng)濟(jì)貿(mào)易大學(xué)碩士學(xué)位論文商業(yè)方法可專(zhuān)利性的研究姓名：劉力申請(qǐng)學(xué)位級(jí)別：碩士專(zhuān)業(yè)：法律碩士指導(dǎo)教師：梁清華2010-09- II - Abstract In the patent development process, business method was traditionally belonged to rules and methods of mental activities, and has been excluded

2、from the subject matter of patent protection. With the development of computers and the Internet and the e-commerce development, business method has increasingly been paid more attention. In 1998, in the “State Street B

3、ank“ case, the patentability of business method is firstly admitted by the U.S. Federal Circuit Court of Appeals in the form of case law, thus the patent protection of business method is opened. Subsequently, Japan and

4、 Europe in their own interests and taking into account the development prospects of the Internet economy, have liberalized the restrictions on business method patent protection. However, in 2010, the United States Supre

5、me Court affirms the decision of the Bilski’s case by the U.S. Federal Circuit Court of Appeals, i.e. business method related to this case is not the patentable subject matter. Thus, although the patentable of business

6、method is protected by the United States, but in recent years, from the U.S. Court's case we can see its patentable range and granted conditions of business method can give more rigorous interpretation and limitatio

7、ns. With China is acceded to WTO, and China is rapid economic growth, the requirements that the companies bring all of its business method to patentable protect are also becoming stronger. Under this situation, the pate

8、ntability of business method is also very necessary discussion. This article is based on this consideration, combined with our existing legal system on the basis of the patent to explore the patentability of business met

9、hod, and some suggestions are brought by me. This article is divided into introduction, body and conclusion, the three parts, and six chapters. Chapter 1 is the introduction, introducing the research direction of this a

10、rticle. Chapter 2 mainly defines the concept of business method and business method patent, and discriminates the related concepts thereof. Chapter 3 mainly analyzes the foreign status of protection for business method,

11、mainly the United States, Europe, Japan's current on the patentability of business method are analyzed, in the analysis of patent protection on business method in the United States and Europe, mainly in the form of

12、case analysis. Chapter 4 analyzes the examination standard whether business method is to protect in the form of the patent from two aspects, which is form elements and real elements. Chapter 5 introduces the existing la

13、ws of China’s business method, and analyzes the existing laws and regulations, combined with the present stage of development, given some suggestions. Chapter 6 is the conclusion of the paper was reviewed. Keywords：bus