The Patent Protection for Business Method Inventions in China

摘要

Business methods are patentable in China, yet tight examination criteria remain. Patent protection is a "two-edged sword". When considering whether a country has rule of law, it is necessary to examine not only the political context, but also the economic development background. Chinese patent law aims to promote the development and innovation of science and technology. Therefore, China shall not forbid the protection for business method patents absolutely. The development of China's e-commerce industry and enterprises' innovation capacity are still at an early stage, however, which determines that SIPO shall adopt such criteria to avoid the harm brought by overbroad protection. Actually, strict examination principles are just temporary measures for protecting domestic internet-based industry. In the long term, Chinese firms should pay more attention to enhancing their own independent innovation capacity, which is the most important task for them to participate in international competition.