Business Methods Patent Justifiability Exploration based on Philosophy Perspective of Intellectual Property Rights

Abstract

In traditional sense, business methods only belong to the rule of intellectual activity, and are not listed in the category of patent protection. However, with the development of business, in today's electronic network environment, electronic commerce gets great development. In the late 1990 s, the United States was the first to establish business methods which can be applied for patent protection. Commercial challenged patentability is accepted and there must be a certain theoretical basis. Science and technology develop accelerate in today's society, and people's speed of innovation are also constantly accelerated. New knowledge innovations emerge endlessly, and people awareness of the protection of intellectual property rights is also constantly strengthened. Such development trend puts forward new requirements for patent law. The main external performance of patent law development is patent right object expanding. But in terms of business method, since its birth, it is ruled out by the patent law, but after the United States took the lead of a business method patent, all countries in the world including Taiwan are quick to follow up the establishment of legal standards of relevant cases, and business methods patent application can be confirmed. Commercial method, as a new type of patents, is based on the development of computer technology and electronic commerce. The patentability of business method helps to safeguard the healthy and orderly development of China's computer and e-commerce industry, and is the decision of intellectual property rights to keep up with the development of The Times, and is the recovery of our country legal system gradually perfecting.