A Study on Patent Eligibility of Business Method-A Closer Look at Judicial Practice in the U.S., E.U., and Taiwan

• Main Authors: CHIU,YI-YI, 邱義益
• Other Authors: Cheng,Wan-Ling
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/b5zr78

碩士 === 國立高雄第一科技大學 === 科技法律研究所碩士班 === 106 === Whether business methods are held valid patentable subject matters has been debated for long in patent practice. Alice Corp. v. CLS Bank International, the well-known decision of the United States Supreme Court made on June 2014, established the foundation of examining whether an invention is patent-eligible by 35 U.S.C. 101 with the two-step analysis used in Mayo v. Prometheus. The United States Patent and Trademark Office later released the new examination guidelines according to the verdict in Alice Corp. v. CLS Bank International. Taiwan also released its latest version of software-related examination guidelines for patent eligibility, which emphasized details concerning softwares and business methods. All this just made the aformentioned issue a hot topic for discussion. This essay aims to organize and compare improtant cases concerning patent eligibility related to softwares and business methods in the United States, Europe and Taiwan, to summarize the evolution of perspectives towards this issue, and to discuss the discrepancy of perspectives among different societies in terms of systemic variations. This essay further analyzes the impact of examination guidelines in the Unites States and Europe to the latest version of software-related examination guidelines for patent eligibility released in Taiwan in 2014 and conclusively offers some constructive advice of utilization.