How to apply for a business model patent

The revised Patent Examination Guide stipulates that if a claim involving a business model contains both business rules and methods and technical features, it does not rule out the possibility of obtaining a patent right according to Article 25 of the Patent Law.

Wang Qian, a professor at the School of Intellectual Property of East China University of Political Science and Law, said that the revision of the guide was only clear. If the protection is not only the business model itself formed by the rules and methods of intellectual activities, but also the technical features, that is, the technical scheme of correctly applying the laws of nature to solve technical problems, the related invention can be granted a patent right. However, after this revision, the provision that "management methods and systems in organization, production, commercial implementation, economy, etc." in the Guide cannot be granted patent rights has not been deleted. In other words, the pure business model itself is still impossible to obtain a patent right.