signature=a9e585c34be3cafc7ade390419ab8989,A Study on E-Commerce Business Method Patent:Response and...

A Study on E-Commerce Business Method Patent:Response and Challenge

Business Method Patent(BMP) is a kind of patent awarded for a method of administering,managing,or otherwise operating an enterprise or organization, including a technique used in doing or conducting business,and any computer -assisted implementation of a method.In the United States,a method of doing business had been deemed as mathematical algorithm and therefore excluded from eligible patentability in Hotelsecurity checking co.v.lorraine co.case in 1908, which formed the "business method exception rule".However,in Parker vs.Flook case,Gottschalk vs.Benson case and Diamond vs.Diehr case,the U.S.Federal Supreme Court concluded in these cases that if an abstract business method results in a physical transformation of an article or is tied to a tangible machine,it should be a patent-eligible subject matter.In 1998,the Court of Appeals of the Federal Circuit(CAFC) made it clear in State Street Bank and Trust Co.v.Signature Financial Group case("State Street Case") that a business method is patentable if such invention fits in the requirement of patent law and produces an " useful,concrete, and tangible result".CAFC adopted "machine-or-transformation" test in In re Bilski case in 2008,and explained that a claim shall be tied to specific machines or transferred into other different things in accordance with U.S.C.§101 to limit the scope of BMP.However,in Bilski v.Kappos case,the Federal Supreme Court denied that the "machine or transformation test" is the only standard to examine BMP.Therefore,the examination standard of BMP in U.S.is still arguable.

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