美国商业方法专利质量问题分析及对我国的启示

The Analysis of Quality Problems of Business Method Patent in America and Its Enlightenment to China

分析了产生商业方法专利质量问题的原因,介绍了美国《商业方法专利促进法》对于解决这一问题提出的方案,最后结合我国国情,指出我国采取商业方法专利保护模式的必要性并分析了在确立专利审查标准时需考虑的因素。

In recent years, USPTO received a lot of criticism from the theoretical and business fields at home and abroad because of the quality problem of many business method patents it had granted. Based on the analysis of the causes of the business method patent quality problems, the paper introduces thesolution to this problem in Business Method Patent Improvement 2000. Finally, according to the practical situation in China, It is pointed out that it is necessary to protect business method in Patent Law, followed by the analysis of some factors that need to be considered while establishing the patent examination standards.