A Comparative Study of American and European Business Method Patents

• Main Authors: Tsai, Ming-Yan, 蔡明諺
• Other Authors: Shen, Chung-Lun
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/71795853613753777090

碩士 === 國立中正大學 === 財經法律學研究所 === 100 === The Supreme Court of the United States in Bilski decision has changed the important eligibility test rule from “useful, concrete, and tangible result”established by State Street Bank case to “machine or transformation” test. But how to apply and explain “machine or transformation” test, and could that test rule to solve the eligibility problem is still a question. In European patent practice, the European Patent Convention excludes computer software and business method as such from patentable subject matter. But there is the need for computer software and business method to grant patent protection. So the key point of eligibility in Europe is how to explain technical character. In 2000, PBS case has relaxed the requirement of technical character. European and American patent practice development influence each other, and is there possibility of harmonization on eligibility issue？ The thesis will discuss patentability of business method by comparative study on European and American case law. Taiwan patent examination guidelines approve of computer software patent, and also approve of software related business method patent. But how to determine the patentability of business method？ It should focus on patentable subject matter or novelty and non-obvious. Taiwan court decision usually put the emphasis on novelty and non-obvious rather than patentable subject matter. After Bilski case, could it has impact on Taiwan patent examination？ The thesis will analysis American and European case law, and comparatively study test rule of all time. Furthermore, the thesis will summarize scholarly opinions and patent practice to discuss this issue more deeply, and then find the revelation from the comparative study.