| 英文摘要 |
The idea to apply the technology in financial industry is not new. As early as the 1990s, the computer industry has begun to apply computer technology to the financial industry and use patents to protect its innovation. However, patents for financial service or doing business are controversial because there are abstract in nature. In the late 1990s, the U.S. federal circuit held that there is no business method patent exception, such opinion led to the rise of financial patent application. From 2000 to 2010, with the development of the Internet, the applications for business patents reached its peak, but because of poor quality, it also triggered the reforms of business method patents. In 2010, in Bilski v. Kappos, the U.S. Supreme Court held that “machine or transformation test” is not only test to determine the validity of the business software patents, this opinion brings the disputes of subject matter eligibility of business method patents again. In 2014, the Court of Alice Corp. v. CLS Bank presented the Alice/Mayo two-stage test to screen the patentable subject matter of business method and almost rewrote the law of patent eligibility. The rejection of validity based on section 101 has increased not only in federal court but also in US Patent Office after Alice case. In the Post-Alice era, the requirements of subject matter eligibility based on the case of Alice significantly affect the development of financial innovation. This article will define the eligible financial patents, and exam the evolution of the business method patent standards, as well as in order to analyze a suitable standard to balance the interests between financial innovation and substantial development of financial industry. Finally, it also aims to develop workable patent strategies for company, and also aims to reinforce the business patent jurisprudence of Taiwanese patent Act. |
