商业方法发明可专利性研究

Chapter One： Introduction

1.1 The purpose of the research

1.2 Structure of the book

1.3 What is a business method and what is a business method-relatedinvention？

1.4 Historic Origins and the Purpose of Patent Law

1.5 The classical justification of patent protection in philosophy and economics

1.6 The empirical study of the economic impacts of general patents in the real world

1.7 The changing business method environment and the challenges

1.8 The academic controversy of business method-related patent

1.9 Aim and research questions

Chapter Two： Methodology

2.1 The epistemology of legal research

2.2 Research methods in the study

2.3 Summary of methodology

Chapter Three： Business method-related patent in Europe

3.1 Patentability

3.2 The cases of EPO Boards of Appeal concerned patenting business methods

3.3 Summary

Chapter Four： Business Method-related Patents in the U.S.

4.1 Patentability

4.2 The American cases on patenting business methods

4.3 Summary

4.4 The differences between the US and European patent regulations related to business method patentability

Chapter Five： Statistics Analysis of Business

Method-related Patents Quality

5.1 Whatis patent quality？

5.2 What role does patent quality play？

5.3 How are we to assess the patent quality？

5.4 Statistics analysis of prior art （ Backward Cites）

5.5 Statistical analysis of times a prior patent is cited in subsequent patent （Forward Cities）

5.6 Summary

Chapter Six： The Economics of the Patent System with Particular Reference to Business Method- relatedlnventions

6.1 Protecting the returns of R&D

6.2 Increasing the diffusion of the knowledge

6.3 Attracting venture investment

6.4 Defending competitive advantage

6.5 Macro-economicimpact

6.6 Summary： Whether Europe should allow business method-related patents based on the classical justific- ation of patent protection when the impacts of business method-related patents are considered

Chapter Seven： Conclusion

7.1 Conclusion of black letter law findings conceming the European and US jurisdictions： What land of business method-related inventions can be patented in Europe at present and what differences are these between the US and Europe in the present law for business method- related patents？

7.2 Whether the scope of business method-related invention protections should be extended in Europe

7.3 Limitations of this study and recommended further research

Bibliography

Appendix 1：Selected US Patent Act （35 U.S.C.）

Appendix 2： Selected European Patent Convention Articles

List of abbreviations

List of Tables

后记

Advances in information technology have enabled the design and development of innovations in business methods. This is particularlyfelt with IT enabled innovations such as Sun Microsystems' statelessshopping cart for the web which is a Web shopping cart system that does not require any data files to be maintained on either the client or the server. Firms attempt to leverage these innovations to gain competitive advantages through cost reduction and other quality improvements， which may also pass some benefits on to consumers. However， such competitive advantages are mcreasingly difficult to sustainbecause business method innovations are often easy to copy or imitate.Quick and cheap imitation of innovative products and processes mayreduce the incentives for firms to invest further in innovation. Thus，patent protection for business method inventions became a live issue with different outcomes as between the US and Europe. At present， in the US， business method patents are legally recognised since the State Street Ban，k decision， 149 F. 3d 1368 (US Court of Appeals for the Federal Circuit 1998).