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ARTICLE · 13 JUNE 2014

Business Method Application

Business method application cannot be granted a patent right before the SIPO, unless you are very careful at the very beginning of drafting an application.

ChinaIntellectual Property
Beijing East IP Law Firm
Beijing East IP Law Firm
Author LinkedIn connections

Business method application cannot be granted a patent right before the SIPO, unless you are very careful at the very beginning of drafting an application, fully understand the special tactics during prosecution of the application, and foresee the direction SIPO is heading regarding examination of a business method application.

We are able to help you with our expertise in drafting and prosecuting the application, and our interactions with the SIPO.

BACKGROUND

Business method application is likely to be rejected under Paragraph 2, Article 2 of the Chinese Patent Law, which prescribes that, "invention means any new technical solution relating to a product, a process or improvement thereof," because business method is deemed as being created in compliance with "law of society" instead of "law of nature", thus it is not a "technical solution."

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