The business model is not within the scope of patent protection. Patents are generally documents issued by government agencies or regional organizations representing several countries according to their applications. This kind of document records the contents of the invention and creation, and in a certain period of time, it has produced such a legal state that the patented invention and creation can only be implemented by others with the permission of the patentee.
At present, the so-called business model patent actually refers to the business activities carried out by using IT technology, because it involves some information processing processes and is highly technical. We can consider extracting the technical content of a certain transaction process to protect the Internet business model in essence.
A typical example is Amazon's "one-click" patent. Due to the background of business model, this kind of patent often receives special attention when it is authorized. The examiner shall judge whether the patent content belongs to the pure business model, and if so, it cannot be authorized. In the past, the United States was relatively loose, so people mistakenly thought that they could apply for a patent for a business model in the United States.
Extended data:
The revision of the patent law (the third revision of the patent law) will enter the stage of deliberation and a new judicial interpretation will be issued.
In fact, in China, there have been precedents for legal disputes caused by conflicts of business models. In March 2000, Shanghai Zhuoshang Information Co., Ltd. claimed that its online Oscar quiz was plagiarized, and sued E Long Network Information Technology Beijing Co., Ltd., demanding that the other party apologize and compensate for the loss of 6.5438+0.98 million yuan.
This can be regarded as the first case of online business model infringement in China. It can be predicted that with the in-depth development of knowledge economy, disputes and conflicts in the field of "business model" will continue to occur. If there is no clear legal system to protect it, it will be detrimental to the long-term development of China's knowledge economy. It is not difficult for us to understand that entrepreneurs are secretive about their business models.
After gradually realizing the importance of internet information protection, the relevant departments of our government have begun to take action. On May 30th, 2006, the Measures for Administrative Protection of Internet Copyright issued by the National Copyright Administration and the Ministry of Information Industry came into effect.
The Measures cover the administrative legal responsibilities of network information service providers, copyrights, specific practices of Internet information service providers and Internet content providers to protect network copyrights, and the handling of serious violations of laws and regulations 19.
It is applicable to the act of automatically providing the functions of transmitting, storing, linking or searching works, audio-visual products and other contents through the Internet according to the instructions of Internet content providers in Internet information service activities, and it is not allowed to edit, modify or select the stored or transmitted contents.
Jiang Zengwei, director of the Office of the National Intellectual Property Protection Working Group and vice minister of the Ministry of Commerce, said: "In 2007, a remarkable feature of government departments in strengthening judicial protection of intellectual property rights was to further study and formulate judicial interpretations involving infringement of patent identification standards according to the revision of the patent law; Through the investigation of the scope, standards, procedures and adjudication methods of judicial review of intellectual property administrative cases, the judicial interpretation will be promoted. "
Refer to Baidu Encyclopedia-Patent Law
Baidu encyclopedia-patent