Recently, many people are asking: Can a business model be patented? Introduction and explanation of the patent of this finishing business method by Bian Xiaote:
Business method patents, also called "business model" patents, are also called business method software patents, because most business method patents are combined with computer software. Include general business method patents and business method patents related to computer software. According to the provisions of the patent law, ordinary business methods are usually regarded as the rules of intellectual labor and are not protected by the patent law, while business method patents related to computer software can be combined with technology to solve certain technical problems and achieve certain technical effects, which may be "patentable".
At present, there is no uniform definition of business method patent in all countries of the world. The definition of business method patent by the World Intellectual Property Organization is: business method patent involves creative business method of operating business by means of digital network.
The United States Trademark and Patent Office believes that the object of a business method patent refers to a patent applied by the following methods:
(1) Technical methods for operating, managing or otherwise operating enterprises or organizations, including financial information processing;
(2) Any technical method used for competition, training or personal skills;
(3) The above technology or method realized by computer.
It can be seen that the object of business method patent is a business method invention realized by technical means. In China, it is generally believed that the business method patent refers to the invention patent authorized by the business method completed by computer and network technology.
Internal conditions of patenting business methods
In order to obtain patent protection for business methods, in addition to the requirements of "technical scheme", it must also meet the requirements of novelty, creativity and practicality. To discuss the possibility of patentability of business methods, we should first analyze the patentability of business methods, and make specific research to meet the conditions of patentability of business methods.
(1) Creativity
At present, there is no specific and systematic regulation on creative judgment of business methods in China. According to the practice of other countries, business methods are different from other patent objects. Therefore, the creativity of examining business methods also has its particularity, which is mainly manifested in: "① The business method applying for a patent must be an independent substantive operation or operation; ② The operation of business method patents on specific elements or action information should have significant progress or substantive characteristics; (3) The functional or structural connection between the business method and the media that realizes the function of the method needs to be significantly improved or substantively connected; (4) The combination of business methods and hardware resources has produced certain technical effects. "
(2) Novelty
At present, the standard for judging patent novelty in China is absolute novelty. For business methods, the openness and globality based on the network lead to the difficulty of novelty judgment focusing on the judgment of existing technology. In order to determine whether the application is novel, patent examination institutions in various countries usually determine whether there is "existing technology" through patent search.
(3) Practicality
Judging whether a business method is practical mainly depends on whether the business method is operable, whether it can be put into use in the commercial field, whether it can produce positive effects and bring certain commercial benefits. In the actual operation process, judging the practicability of a business method only requires the possibility of practicality, and does not require that the business method has been put into practical use and has produced certain commercial effects in practical use.
When judging the patentability of patent applications involving business methods according to China's Patent Law, the legal basis is Article 25, paragraph 1, item 2 of the Patent Law, that is, the rules and methods of intellectual activities do not belong to the objects protected by China's Patent Law.
And in the "Review Guide (2006 Edition)" edited by China National Intellectual Property Administration, in order to give a clearer and clearer review standard for the application for a patent for invention involving the rules and methods of intellectual activities, the review principles for the application for a patent for invention involving the rules and methods of intellectual activities are stipulated:
Namely: "(1) If a claim only involves the rules and methods of intellectual activities, it should not be granted a patent right. If a claim, except its subject name, defines all its contents as the rules and methods of intellectual activities, then the claim essentially only involves the rules and methods of intellectual activities and should not be granted a patent right.
(2) In addition to the above (1), if a claim contains both the contents of the rules and methods of intellectual activities and the technical features in all the contents that limit it, the claim as a whole does not belong to the rules and methods of intellectual activities. According to the provisions of Article 25 of the Patent Law, the possibility of obtaining a patent right should not be ruled out, which requires specific analysis and should be handled in the following two cases:
(1) If the contribution of an invention to the existing technology is only a part of the rules and methods of intellectual activities, the invention shall be regarded as the rules and methods of intellectual activities, and no patent right shall be granted;
(2) If the contribution of the invention to the existing technology does not lie in or only lies in the part that belongs to the rules and methods of intellectual activities, the patent right cannot be refused according to the provisions of Item (2) of Paragraph 1 of Article 25 of the Patent Law. "
The introduction of business model patents ends here. For more questions about patents, Shenzhen Lu Hao welcomes you to consult.