Research on Patent Subject Eligibility of Business Method

This thesis starts with the theoretical basis by summarizing the "technical contribution theory" and "practical application theory". Business method has become an eligible patent subject, breaking through the limit of intellectual rules because of the contribution to the technical field and the practical application. Then the correspond between the business method and Patent Law devotes to clarifying the legitimacy of subject matter examination of business method patents. It is further explained that the necessity of subject matter examination is to determine the scope of business method patents and control the patent quality. Furthermore, this thesis analyzes the examination practice through empirical research and comparative research. SIPO adopts two provision defined patent subject eligibility of business methods from both negative evaluation and positive evaluation. JPO and EPO attach great importance to "technical feature", emphasizing the participation of technical manners and the realization of technical effects. USPTO pays more attention to the concept of "practical application" and the two-step framework from the Revised Guidance for Determining Subject Matter Eligibility is essentially the practical application of "inventive concept" to "abstract ideas". Finally, based on the development of the business activities in our country, this thesis explores the feasibility of extraterritorial experience. It is believed that we should adopt a cautious attitude and restrict business method patents through more specific rules. Pre-empt and post solution activities evaluation should be considered in The Guidance of the Patent Examination. The manner which examines novelty and inventiveness in advance can be maintained but should be refined. And the training for examination of business method patents should be strengthened.