中外银行专利及其战略比较研究

Comparative Research on Patent Strategies of Chinese and Foreign Banks

花旗银行、大通银行等外资银行专利"抢注"事件在中国银行界引起轩然大波,表明中外知识产权争夺已经蔓延到金融领域。外资银行以"商业方法专利"为代表的专利申请来势汹汹,并向证券、保险、信托等其他行业渗透,意在实现专利"卡位",获取专利授权收益及产品垄断优势,打造电子商务战略,对中资银行造成强大压力。本文梳理总结了中外银行专利申请的现状,剖析了中资银行在专利竞争中存在的问题,归纳提出了国内银行业专利保护的策略及措施。

Shock waves reverberated around the Chinese Banking from the event that foreign-funded banks, such as Citibank and JP Morgan, took the initiative in registering bank patents, which indicates that intellectual property contests between Chinese and foreign enterprises have stretched into the financial domain. Centering on business method patent, foreign banks＇ patent application behaviors have made tremendous strides and are penetrating into other industries, such as the security, insurance, trust and so on. Their purpose is to set barriers to industry peers, which contributes them to obtain patent licensing earnings, win the monopolistic advantages, establish their e-commerce strategies and impose great pressures on Chinese banks. This paper reviews the status of the patent application among Chinese and foreign banks, scrutinizes problems shown in their competitions in patent application and pro- poses several feasible strategies for domestic banks on patent protection.