Abstract: The mechanism of patent protection and the data related patent in service industry of Europe and China are analyzed, it is drawn a conclusion that mechanism of patent protection will be very important to the knowledge-based service industry. The number of service patent will grow rapidly in the future. Trend analysis on the business method patent in China is conducted and then the result is ralidated by a model of conic fitting. Grasping the importance of mechanism of patent to the knowledge-based service industry will promote its innovation and development, and also perfect IPR.