Computer Software's Patent Protection

Computer software includes computer programs and related documents.Computer program is a sequence of instructions suitable for processing bycomputer or other device. Documents include program content, compose, design,function, develop process, test result and use method, etc, for exampleprogram design manual, flow diagram, user manual etc. Computer program isthe core of computer software. Generally, computer software is considered "rules and methods for mentalactivities", not subject matter of patent. Therefore copyright law and tradesecret act were adopted to protect computer software. But copyright law andtrade secret act have limitation respective. Copyright law protects"expression of program", not protect "idea of program". Computer softwarepossesses two characteristics, it is not only "works" but also "usefultool", and moreover the latter is primary. We should pay more attention tothe industrial character of computer program. The designing idea of Computerprogram (including designing concept, arithmetic, processing, operatingmethod etc.) is far more important than the expression of computer program(program code). Trade secret act can not prevent other person from reverseengineering. Therefore copyright law and trade secret act can not protectcomputer software effectively. Recently, with the development of software technology, internet,electronic commercial trade, electronic bank, there are some new opinion ofwhether computer program self is the subject matter of patent. Now in somedeveloped countries, computer program self has become the subject matter ofpatent (need not as a part of whole with a hardware or other machine andequipment.) Now China mainland don't consider computer program the subject matterof patent. In the interest of our country, we should think much of this problemand admit computer program's patentability. Any invention for which patent right may be granted must possess novelty,inventiveness and practical app1icability. Because computer software is used in many areas, it can meet therequirement of "practical applicability" easily. Examiner can judge thepractical applicability according as the application which described theinvention. About novelty, the search of "prior art" is important. But becausecomputer software has not been granted patent right, there is a lack of therelated prior art document. We should set up and perfect the search systemof computer software patent There is necessity to set out new examination standard because thejudgment of computer software "inventiveness" is different from otherinvention. Examiners should improve abilities to examine the software patent.The application for patent for computer software must be of a full disclosure.The description shall set forth the invention in a manner sufficiently clearand complete so as to enable a person skilled in the re1evant field oftechno1ogy to carry it out. The full disclosure should include softwarefunction, designing concept and new arithmetic etc.