Research On Patent Protection Of Computer Software

Since the last century，as an important part of computer science and technologydevelopment, Computer software contributes its unique strength to the economicdevelopment of globalization and diversification.The US has always been advocatedcomputer software legal protection rules, and uses the intellectual property protection ofcomputer software as a sign of international trade negotiations. In the early times, Americaemphasized using Copyright Laws to protect the computer software, and the reason is thatthe nature of computer software, which called the work of it. In the end of the last century,the functional and technical characteristics of computer software are becoming more andmore obvious. In consideration of economic development and the essential feature ofcomputer software, a growing number of countries hold that the best measure to protectcomputer software is the Patent Law. In our country, the computer technology isdeveloped comparatively late. What’s more, the construction of the legal system mainlyutilizes the system of developed western countries. In the early1980s, in view of theinternational standard, the protection of computer software base on "Copyright Law", soChina has also given a computer software protection "Copyright Law." The computertechnology has become increasingly important, and in such a case, China has also startedto give a few computer software patent protections, but it could not adapt to thedevelopment of international intellectual property rights.The thesis, in the view of the economic development and legal protection, analyzescomputer software’s features and patentability in detail. In order to make a good progressin computer technology, it advocates giving computer software patent protection.The text is divided into four chapters, about28,000words.Chapter one is the overview of computer software and Patent Law. First of all, it mainlymakes a introduction of related concepts. Secondly, I will analyze algorithms, intellectualactivity rules, computer technology and patented technology. Finally， from the economicperspective, I will discourse the necessity of the computer software patent protection.Chapter two draws a comparison of comparative law about national security review. First, I will compare the computer software development process and the patentexamination standard among the United States, Japan and European Union, andcombining with our country’s national conditions, we can absorb the advanced experienceof these countries in computer software protection system.Chapter three, it is about the current situations of computer software protection in China.Firstly, it discusses the status of computer software copyright protection, trade secretprotection. Secondly, it makes a profound analysis of copyright and patent subject matter,to show the different legal systems between the both. Finally, from patent examination, itanalyzes the relevant provisions of the protection of computer software in the "PatentLaw" and "Patent Examination Guidelines".The last chapter illustrates the weakness and solution in software patent area. First, tostate and analyze the unsubstantial protection of software patent, which composes by theproblems in legislation, in examination and in the process of justice. Second, to present thesolutions for the problems raised upon. In this part, some significant points will bediscussed in detail. For instance, how to find out and deal with the weaknesses inlegislation, in examination, as well as in the process of justice, and how to improve theinfrastructure of Chinese software industry.