The Computer Software Patent Protection In China

Computer software development for decades, its legal protection is also growing. At present,all countries in the world protect computer software by copyright law,which protects only the outer form of software but not the design idea of software,cannot protect the computer software effectively.The United States,Japan,Europe and other countries start to protect computer software by patent law in recent years. Although the patent law to protect computer software exists many defects,the patent protection of computer software is more effective,and is characterized by many advantages.The problem of legal protection of computer software is not only the theory of intellectual property law problems but also the problem about the economic policy of a country.Chinese patent law to protect computer software research is still in its initial stage,with the rapid development of software industry,the request about patent law protection of computer software is more and more urgent.Therefore, it is of great significance to strengthen the patent protection of computer software in china.There are a total of four parts in this paper:The first part introduces some concept and characteristics of computer software, and summarizes some way of the protection of computer software, and the protection methods were compared, focusing on the protection of copyright and patent protection are compared, analysis of patent protection of exclusive advantages, initially said the necessity of patent law protection of computer software. Then pointed out the combination of the copyright law and patent law protection in several ways can provide protection for computer software more effectively.The second part mainly introduces the main countries in the world such as The United States of America,Japan,European countries in patent protection situation of computer software, including the development of laws regulations and examination practice, citing several examples to illustrate these countries and regions in the patent protection of computer software in cognition and the evolution aspect,to provide the reference of the computer software patent protection for our country,to agree on the world about the patent protection of computer software.The third part analyzes deeply the China computer software patentable, defines the object of the patent protection of computer software, discusses the relationships of computer software and technology scheme of computer software and intellectual activities, the computer software is the object of the patent protection in China, and expounds the object must conform with the patent law on three conditions, namely novelty, creativity and practicality.The fourth part of the thesis summarizes the present situation of computer software patent protection in China and the existing problems, aiming at these problems, put forward to improve the calculation respectively to software patent protection in China from the aspects of revising laws to regulations,guidelines for the review and implementation details, gradually perfect the patent protection of computer software in china.