方法可专利性研究法律(非法学)专业论文.docxVIP

Abstract Human intellectual activity is a source of progress of human society.With a special law to protect the creative achievements of intellectual activity,it developed slowly in the past few centuries.Until the early 20th century, the intellectual property system was becoming mature gradually. However, with the producing of computer technology in the 1980s,we moved into the information age,the emergence of a variety of high-tech had a great impact on the intellectual property system. Particularly,it had a great influence on the patent system. Recently, the case of Bilski is finally settled ,after several years of administrative and judicial proceedings.The representativeness of this case deserves our further exploring on the problem of patentability of process. Patentability is originally the basic theory of the patent law, however, with the development of the society, the update of the science and the technology, and various of process to apply for a patent due to the new technology, the question of how to judge the patentability arouses great controversy between the practical and theoretical sphere. Standards to judge the patentability are diverse all around the world, and even the same country uses different standard at different times. Therefore, this thesis aims to put forward the improvement opinions on the patentability system of process by analyzing judgment of the Bilski case and drawing on the experience of American patent system.This thesis can divided into four parts: PartⅠ:Author began with an introduction to the case of Bilski . From the administrative procedures of the USPTO into the court proceedings of the United States , from the CAFC to the Supreme Court hearing , author introduced the trial or verdict of the various procedures and elaborated on the main controversial point of these programs. PartⅡ:From the theoretical issues of method patentability system and patent applications and Justice trial practice starting , introducing th