On Patent Protection Of Computer Software

At present, the information industry has become the basis of the national economy, and leading pillar industry. Information technology industry as the core and soul of the software, its strategic position in doubt. The legal protection of computer software problems caused by the increasingly prominent. Copyright law, trade secret law protection, trademark protection which have been earlier adopted as a series of protection methods have been known to everyone, scholars have reached a basic consensus. However, is the patent method feasible in the software protection? What impact will the patent protection have on the development of the software industry? What special point will software patent infringement determination take? These problems have brought a series of problems between scholars. This article will object attributes, the balance of interests, such as economic effectiveness point of view of software patents and the feasibility of traditional tort theories applied to the software patent infringement case, and proceed to put forward the perfection of software patents related to the protection system. This paper is divided into four chapters:Chapter 1 introduces the other commonly used methods besides the software patent protection, such as: the protection of copyrights, trade secret protection and trademark protection. And a presentation has been made about the various ways of protection the contents and their advantages and disadvantages.Chapter 2 starts with the concept of computer software, systematically introduces the concept of the formation process and software features. Then a detailed analysis of the computer software patent is made about the possibility of the object as well as software and the need for the patent system in the interests of balance, the economic effectiveness and other issues. Through the above analysis about software patent protection, we have summed up the advantages and disadvantages of open-source software at the same time introduced the special type of software with software patent relations. Third, through the analysis of software patents as a patent novelty, creativity and practicality of the requirements of the "three characteristics", China's software patent applications are specified in the right direction.The third chapter analyzes of the direct infringement, indirect infringement and common violations of computer software, and through the equivalent principle and the principle of stopple in the patent infringement judgments in the application of the main points of grasp, we have tried to develop China's patent infringement protection system.In chapter 4, the article introduced the cognitive and evolutionary process that developed and patented software patents in, by researching patent process of formation and development of the typical cases in United States, Japan, and Europe. The establishment is to provide adequate reference for building the perfect patent system in line with China's national conditions and the international patent system. Then we introduce the quo of the country's software patent system and China's existing laws on software patent, in view of the existing provisions of the emerging issues, we try to improve our software patents relevant provisions of the proposal, and make some proposals about indirect infringement of software patents and the protection of the administrative system suitable for China's national conditions.