Research on Patent Subject Eligibility of Business Method
Rui Ji
Research on Patent Subject Eligibility of Business Method.
Rel. Alessandro Mantelero. Politecnico di Torino, Master of science program in Engineering And Management, 2019
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Abstract
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
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