外资银行的专利壁垒与我国商业银行的专利战略

Patent Barriers of Foreign Funded Banks and Patent Strategy of Our Commercial Banks

在金融电子化和网络化时代,银行之间的竞争已经演变成金融产品之争。以花旗银行为代表的外资银行已经向我国国家专利局提交了多项金融产品专利申请,意图在我国银行业面前竖起一道“专利壁垒”。由于体制和观念的原因,我国银行业没有足够重视对金融产品的专利保护,金融产品专利数量少且质量低,金融产品专利保护意识薄弱,金融产品研发能力不足。对此,我国商业银行要通过专利检索与研发策略、专利申请策略、专利保护策略和专利实施策略等,构筑自己的专利战略;同时,辅之以一定的专利运行机构和专利激励制度,保证专利战略的贯彻执行,以应对外资银行的专利挑战。

At the age of computerized and networked finance,banking competition has evolved into competition of financial products.For-eign funded banks represented by Citibank have already submitted applications for patent of several financial products to our State Patent Office in the hope of erecting a'patent barrier'in front of our banks.Due to institutional and conceptual reasons,our banking industry does not lay stress on protecting financial products by patent.As a result,patent financial products are small in number and poor in quality.Patent is seldom used to protect their financial products and their R&D remains at a low level.So,our commercial banks should work out their own patent strategy through various tactics such as patent retrieval and development,patent application,patent protection and patent enforcement.At the same time,they should put in place as a supplementary measure patent operation agencies and patent incentive system to ensure the discharge of patent strategies in a bid to meet the challenge from the foreign funded banks.