Research On Patent Protection Of Computer Software

Although most countries including China adopt copyright system to protect theproperty of computer software, some countries such as United States and Japan havemade rules to give patent protection. In terms of patent legislation and practice, it issignificant to argue the patentability in theory, to discuss the examination of patentapplication for computer software, and to analyze the implication to Chinese softwareindustry. This paper deals with five issues as follows: (1) object discussion of computersoftware patent; (2) novelty, inventiveness and practical app1icability of softwarepatent; (3) jurisdiction of software patent; (4) international protection of softwarepatent; (5) policy analysis. Object discussion of computer software patent is the key issue of this research.The content of this part focuses on the conceptions and interrelationship of the objectof copyright, the object of patent, and computer software. Analyzing the nature ofcomputer software and legal practice, we demonstrate the technical characteristic ofcomputer software itself, and distinguish it with text works. In this paper we point outthat computer software embody technical solution and can be viewed as the object ofpatent in nature; meanwhile, defining software as program plus text and regardingcomputer program as text are just artificial result. It is clear that bringing programinto the scope protected by patent law as manufacture. The rules of novelty, inventiveness and practical app1icability of software patentare designed or analyzed after the object discussion. The discussion of this part baseson the new examination guidelines of inventions related computer programs of Chinaand the investigations of some patented inventions. Existing jurisdiction rules are not enough to restrict the infringing softwarespread through internet. To achieve this goal depends on using patent law to protectcomputer software worldwide, but it is difficult to reach the goal when the patentsystem is regionally based. This research does not mean to select system, but give advices on examination IIrules of patent application for computer software, which is the priority of this paper asfar as government policy is concerned.