Business model innovation is the core competitiveness of Internet start-ups. Although patent protection can really play a role in protection, fundamentally eliminate counterfeiting phenomenon, but business model of China's patent protection, both in terms of technical review and legislative level, there are still a series of problems. This article from the Internet business model development process, to explore the status and improvement of the patent protection system. Then the paper points out that the main problem of the patent protection of business model in China including without clear legal basis, review method is not scientific and "novelty" "creative" lack of standards; and then puts forward to further improve the specific suggestions on the protection of intellectual property rights of the Internet business model, including the State Intellectual Property Office shall be on Internet business model patent application is made special provisions, the establishment of the dichotomy of the Internet business model of patent examination and clear the Internet business model patents "novel" and "creative" legal standards, in order to comprehensively improve the Internet business model level of patent protection. <<