The Infringement Of The Computer Software Patent

In recent years, it takes more and more proportions in the infringement ofcomputer software for the infringement case of the computer software patent. Thepremise and basis of that whether it constitutes infringement is to ensure the scope ofprotection of the computer software patent. Due to the specificity of the computersoftware patent itself and the special demand of the writing, the scope of protectionof the computer software patent has some specificity at the extent. Ensuring thescope of protection of the computer software patent is not only related to the law, butalso related to some technology. In this paper, we focus on the judge of the scope ofprotection, so that, we can enhance the cognition of the patent for invention ofcomputer software for our later works and studies, we hope that it is helpful for thepractice in infringement case of the computer software.In this paper, the total is divided into six chapters. The first chapter is mainlyrelated to the background, significance, review of the research and the research ideaof the paper. The second chapter is mainly introduced the computer software patent,and discusses the basic meaning and general rule about the patent for invention ofcomputer software and the scope of protection of patent protection. Then the attitudeto the patent for invention of computer software for European and Americancountries, and the importance of determining the scope of protection of the patent forinvention for the judge of patent infringement are summarized in detail. The contentsbetween chapter two and six briefly discuss the application of four basic principlessuch as comprehensive coverage of the principles, equivalence principle, estoppelprinciple, and public technology and plea principle to determine the scope of patentprotection of computer software invention in the judge of patent infringement. Eachchapter is divided into two parts. In part one, the basic meaning and the generalcontent of each basic principle are discussed. And each basic principle is disserted todetermine the applicable rule of patent protection for computer software invention.In part two, through comparing to the patent for invention of computer software andgeneral patent for invention, the basic principle is summarized to determine thespecial rule of the patent for invention of computer software.