The Patentable Subject Matter of Business Method Patents: An Analysis from a Perspective on Comparative Law

The Patentable Subject Matter of Business Method Patents: An Analysis from a Perspective on Comparative Law

 

Title
The Patentable Subject Matter of Business Method Patents: An Analysis from a Perspective on Comparative Law
Author
Yuh-Cherng Jyi
Keywords
business method patent, patentable subject matter, technology, natural law, examination guidelines
Abstract
This thesis first in Chapter II defines and identifies business method software
under modern computer software architecture so as to form the foundation on
which the patentable subject matter of business method software can be further
analyzed. In Chapter III follows an overview of how patenting business method
software impacts on industry and patent examination practice. Chapter IV analyzes
whether business method software qualifies as patentable subject matter
from a perspective on comparative legal research in American laws, Japanese laws
and the European Patent Convention, and explicates that most of the business
method patents granted are unqualified under the interpretation of current ROC
Patent Law; this Chapter also reviews the “Examination Guidelines for ComputerRelated
Software Inventions” promulgated by the Intellectual Property Office
from a different perspective and illustrates thereof with a business method patent
granted by the Intellectual Property Office. Chapter V concludes this article by
offering personal opinions on business method patent and proposing the direction for future patent protection
Abstract Article

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