Study On Patent Protection On Computer Software Under The Trips

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 content and ideas of the software, so more and more nations especially the developed countries begin to adopt patent right to protect 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, talcing the trend of the patent protection on software into study should have important practical significance.The text firstly describes the definition of "computer software", raising the awkward predicament when the Trips offers the computer software copyright protection, at the same time analyzing the advantages and disadvantages among the kinds of legal protection on software. Secondly studies and analyzes the legal theory and practice of patent protection on computer software, introduces the development of patent protection on computer software in the development countries. Thirdly deeply discusses the patentability of computer software and studies the examine standard of computer software patent. At last induces our country's present conditions of the computer software industry and the protection on computer software. It proves the necessity of our country strengthening the patent protection on computer software. At the last of the article, the author brings out some legislative suggestion aiming to contribute to the amendment of China's patent law and legal protection on computer software.