On The Computer Program Baseline Examination Of Patent Applications

This article is based on the acknowledgment that may give the exclusive law protection to the computer program to discuss the patented claim examination angle under the Chinese present law, the laws and regulations frame the computer program related patented claim examination datum and American, European Union and Japan's similarities and differences, then the author proposes the feasible suggestion about the improvement to our country computer program related patented claim's examination datum.First, this paper has outlined the computer program patented claim basic question, separately carries on the limits to the computer program and the computer program related patent, and simultaneously has summarized the computer program patentability question and the benefit balanced theory. Through the basic question's limits, launched for as follows thesis has provided the theory support and the discussion premise.Next, through to American, European Union, Japanese and our country's computer program patented claim examination datum's comparison, has discovered the Chinese and foreign about the computer program patented claim examination datum similarities and differences, summarizes causes this kind of similarities and differences the root to lie in each country and the area based on the respective national condition and the economic interest consideration, thus formulated has been advantageous to our country software industry development examination datum. Provided for as follows thesis's solution has referred beneficially and uses for reference.Furthermore, involves the computer program patented claim through our country the examination practice, further understood that our country treats the computer program patented claim the manner and the practice method, thus in discovery examination practice question. Meanwhile, from the practice angle discovered in the practice exists the question, consummates the suggestion for as follows to propose has provided the fact reference.Finally, through the fore-mentioned three chapters about the computer program patented claim examination datum's elaboration, simultaneously unifies our country's national community policy decision-making and the international trade and so on economic interest aspect consideration and the software industry development present situation, in this chapter summaries in our country present legislation insufficiency, and proposed that tallies with our country national condition, the balanced all quarters benefit and the promotion software and so on high tech industrial development related consummates the suggestion.This article unique merit lies, to the Chinese and foreign computer program related patent of invention application examination datum's comparison research's foundation, the author with the aid of several computer program related prize patent and the application example, "Exclusive law" and "Patent Examination Guide" analyzes our country take our country as the basis to apply for the question which the patent protection in computer program's examination datum and the examination practice exists, by the time proposed that is beneficial in our country economy particularly software industry development computer program patented claim examination datum suggestion.