Research On Patent Protection Of Computer Program

Based on the developments and practical experiences of the patentability of computer software programs in major countries and regions, this paper analyzes the necessity of providing patent protection to computer program itself, focuses on the opinions regarding the patentability of computer software programs, including supportive and negative opinions, through analyzing the contradictions existed in the negative opinions, we can conclude that the computer program itself shall be patentable. The paper puts forward the following legislative and relevant patent examination suggestions on the further improvement of computer program-related patent system based on the abovementioned analysis:ⅰ. Including computer software program into the patentable subject;ⅱ. Defining the meaning of "technology" of the patent law through different cases;ⅲ. Adopting the authorization disclosure system in patent examination regarding computer software programs;ⅳ. Insisting on examination of the "inventiveness";ⅴ. Shortening the protection term of computer software program patents.In order to better help the applicant to apply and protect computer program-related inventions, the paper also proposes the following suggestions regarding drafting the claims of computer program-related inventions and broadening the protection scope of the claims:ⅰ. Avoid using any obviously non-patentable subject matters in the claims;ⅱ. Add another set of device claims for inventions with pure method claims;ⅲ. Specifying the technical solution in the specification and emphasizing the technical effects comparing to prior arts;ⅳ. Provide flow diagrams of the computer-implemented programs in the drawings;ⅴ. Retain the claims, which are patentable in other jurisdictions and non-patentable in China, when filing an invention application based on a foreign priority. By summarizing the abovementioned issues, we can better understand the patentability of computer software program more clearly, and protect the computer software programs with the modified patent system, as well as promote innovation for China’s computer software industry.