The Study On Patent Protection Mode Of Computer Software

Patent protection for Computer Software has been discussed for a long time, but the focus is different among different stages of discussion. At first, as an emerging technological achievement, people knew little about software, and the choice of the means of the protection by law have become a problem, they used to try the Patent protection means, but ended with no result because of the theoretical obstacles -computer software is considered as the rule or method of intellectual activity. Today, with the healthy development of the software industry, several models of intellectual property have got rich foundation for the practice of the protection of software, theory has gradually turned into a system, for example, the mainstream of software protection is the Copyright protected model, as well as the protection of Trade secret, Trademark protection, etc. Once again we discussed the Patent protection of software is because of the development by the new demands, for a long period of time through the practicing of groping, it was found that a single intellectual property model for the protection of computer software has its limitation, though the mode of Copyright protection is the mainstream model throughout of the world, but it still isn't perfect because it ignores the functional characteristics of software, and encountered difficulties. Software has its particularity which determines that it must employ a variety protection of the means of intellectual property model, coordinating and supporting each other, play to their respective advantages, that can we knit a strict law protection net. For these reasons, we started to attach much more importance to the positive role of the Patent model, and make new understanding of Patent Law.This paper studies the following problems: the necessity of the Patent protection for Computer Software, because Copyright and Trade secret models have many advantages, as well as their theoretical defects. The paper will use a chapter's content to explore the characteristics and shortcomings of these two models, and comparatively analysis the characteristics of Patent model, so that we can draw a clear conclusion that the Patent model can make useful supplement to the Copyright and Trade secret model, Patent model is proved to be the necessary and significant.Then we will discuss the justification of Patent protection on computer software ,we have to discuss software can meet the requirements to the conditions of the object of Patent Law, and the satisfaction of the "three conditions" that required by the Patent Law, then we can prove that the Patent protection of software is a possibility and necessity in theory.Finally, in order to learn a number of lessons and experiences, we have to know the practice in Patent protection of some typical developed countries, reflect the operating of the China's Patent protection system , and make some proposals to the legislation and practice.In short, this paper is base on the theory at this stage and study results from other people, take judicial cases and pratice in Patent protection of Computer Software as a reference, and that Patent protection of Computer Software problems should be straightened out and analysed.