Abstract: Abstract: It has always been a controversial topic on whether or not business method (BM) is patentable. The historical evolution of BM patentability standard and typical cases in US, as well as the enlightenments and suggestions to China are studied. Research results showed that US Supreme Court redenied genesis of business method exception, mean while reaffirming BM patentability for the demand of industry development and national interests. Further study found that BM patent system in China is insufficient. It is proposed that this practice could be introduced from US in order to establish a feasible Chinese BM patent system in the implementation process of our national intellectual property strategy.  

Key words: BM patentability, genesis of business method exception, national intellectual property strategy