Study Of The Patent Protection On The Computer Software

Many countries generally adopt copyright law to protect the computer software. But with the development of information technology, the limits for the copyright protection on computer software are expanded. Copyright does not protect the concept, content and ideas of the software, so more and more nations especially the developed countries begin to adopt patent right to protect the computer software. Though there is still much defect in the patent right protection on computer software, carrying out patent right protection to the software shows a good development trend. In our country, the research to the patentability of computer software is in the start stage yet. With the development of our software industry, the patent protection on software becomes more and more urgent. Therefore, taking the trend of the patent protection on software into study should have important practical significance.The text has four parts:The first part describes the definition of "computer software" and various legal methods of protection for computer software, Carrying on the comparison to these methods, at the same time analyzing the advantages and disadvantages between the copyright protection on software and thepatent protection on software. Primarily proving the necessity and profits in the patent protection on computer software. The first part is the Theoretical point of departure of this article.The second part introduces the process of the patent protection on computer software in U. S/Japan/EU; through some important cases discussing the historical development of above-mentioned countries' law concerning the patentability of computer software inventions. Proving: we should be in accordance with many countries gradually and strengthen the patent right protection on computer software continuously.The third part deeply discusses the patentability of computer software under the existing law system of our country, detailed inducing our country' s present conditions of the protection on computer software especially the present conditions of the patent right protection on computer software, commenting the advantage and disadvantage of our software industry development on adopting patent law to protect the computer software.The third part as proves the necessity of our country strengthening the patent protection on computer software as presents the problems in the protection on computer software of our country.The fourth part puts forward the related suggestions on the improvement that should be carried out and the problem that should be noticed in the process in which our country applies the patent protection on computer software. Proving: we should build up the patent protection system on computer software in our country as soon as possible, and actively modify the related laws and regulations. Particularly writing the computer software into our patent law definitely as an object that can be given the patent protection, at the same time modifying our patent reviewing guidebook to adapt the characteristics of the patent protection on computer software. When the software owner applies patent right protection to the software, he should pay attention to the possibleproblems and avoid negative influence of the patent protection as far as possible.