The Patent Law Protection Method Of Computer Software

The computer software industry has been more and more important effect in nowadays lives. How to protect the computer software is still a debated topic at present. Since USA has raised an agitation which protects the software by copyright law method, this protection method is the mainstream status in worldwide range, EU also agrees with this viewpoint. But, there are many shortages in this protection method, especially it can't protect effectively the technique thought of the software. Otherwise, in America, some experts and scholars are studying the Trade Secrets method to protect the software, it will exploit our views. And at the same time, though they push the copyright law method to protect the computer software actively in USA, they start another studying wave that they use the patent law protection method, this attracts the attentions of other countries, and it also accelerates the study in other countries.Why the copyright law protection method is the mainstream at this moment? Its advantages are: (1) It's convenient to obtain the protection; (2) The protection system is comparatively perfect. But it has disadvantages, they are: (1) It can only protect the expression in words, but it can't protect the most important part—the "skill thought" of the software; (2) The protection power is not enough. The trade secrets protection method is mentioned by some experts and scholars, because they thought it's protection is between the copyright law method and the patent law method. Its advantages are: (1) It needn't apply to get the protection; (2) The protection content includes the "expression" and the "thought"; (3) The time and space of the protection is not limited; (4) It also can protect the uncompleted software. Its disadvantages are: (1) The cost to keep secrets is high; (2) The skill thought isn't open, it's not good for getting progress of the software industry; (3) It's very trouble to have lawsuit after the tort had taken place, and it will lose its secret. The patent law protection can spring up, it shows that it can protect the software well. The advantages are: (1) The skill thought can get protection, and it's open, it's good for getting progress of the software industry; (2) The protection power is the strongest one in the three; (3) The protection time is suit. It also has some disadvantages, they are: (1) It's very difficult to get the patent right for the software; (2) The time for censoring is too long; (3) It's easy to form the skill monopoly.After I compare and analyze the several protection methods, I will set my points on whether the computer software belongs to invention or not, I will also indicate my stand on the patent law protection method. At last, I will also give my own tentative and suggestions to how to protect the computer software in our country.