| With the proportion that software economy in the global economy increasing, problem ofsoftware patents become more prominent. This paper argues that the patent protection forsoftware is one of the protected modes for software, so the key of this topic has gone beyondthe question whether software can be protected based on patent right, but extending to theequivalent infringement and other fields. China’s patent examination guidelines of "inventionsinvolving computer programs" covering the invention of software content, and governmentgrant these inventions patents on this nominal. This paper focuses on the review of guidelineson the modalities of the writing of such patents, and analyse technical features of theinvention in this type, to validate the existing equivalent infringement theory whether beapplicable in this technical area and how to apply.This paper’s research idea is: Based on the international trend, pay attention to the actualsituation in China, in order to" invention patent infringement relates to a computer program"as the object of study, combining the theoretical comparison, patent retrieval empiricalresearch, case analysis and other research methods, and considering the present inventionrelates to our country", the invention relates to a computer program" existence theoretical andpractical problems to sort out, with a view to the objective situation have a clear andcomprehensive understanding, and put forward the corresponding suggestion to avoid futuredevelopment may encounter problems.In the first part, this article will the software protection of different model werecompared, and the combination of different countries and regions of the protection practice,draw the conclusion: software should be taken including patents in a variety of protectedmode. In this part of the second part, the article will be in to our country" the invention relatesto a computer program" under the cover of the invention the actual content of the empiricalanalysis, from the practice of our country to grasp the software patent opinion. In this part ofthe summary, this paper presents: software patents have no longer exist obstacles, shouldcause attention is the software patent triggered by other theoretical problems.In the second part, this article will research our country patent grant units on the researchobject in this paper licensing standards, focuses on the legal provisions and the writing rulesfor analysis, combined with the practice of the specific operation, identified in our existingrules in this paper the legal mandate. This part will be below equivalent infringement research to determine the initial scope of right.In the third part, this article will put the existing equivalent infringement theory into theresearch object in this paper the specific technical areas for analysis, and in the second part ofthe delineation of rights scope, through the theory of logical analysis, trial practice analysis onthe existing theories and alteration of judgment. This chapter focuses on the traditional theoryand emerging technologies in the field of contradiction analysis.The part of review summarizes the full text analysis of the idea. |
