According to a new version of guidance on patent auditing, implemented from April 1, business methods and models with technical features could be protected by patent. However, experts in intellectual property have different opinions about this policy.
One of the supporters, patent attorney Chen Yong, praised the move, saying that without a protection mechanism, innovative business models like the bicycle-rental industry would be easily mimicked. Moreover, a law professor at the Central University of Finance and Economics, Du Ying, said this new regulation reflects the idea of strengthening the protection of intellectual property and creative achievement, as well as improving the protection mechanism of business models in Internet or e-commerce, as proposed by China’s State Council.
Yet Shanghai lawyer Zhang Qichen is concerned that it remains to be seen whether a new policy would have an effect on protecting business models and methods because at present there are lots of technical details to be settled in the future.
“This review of patent regulation clearly stipulates business models and methods with technical features could be granted a patent, but there is an implied condition in which complete or pure commercial models without any technical features are not protected by patent law,” explained Wang Qian, a professor of the School of Intellectual Property at East China University of Political Science and Law.
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