Resarch On The Patentability Of The Computer Software

Intellectual property protection of computer software is very hot, and is also difficult, experts have different view, and the world has a different approach. Currently software is regarded as works and is protected as the same as copyright in the world. However, software is different from traditional works, it looks like a tool rather than a work, thus it has been a hot issue to protect the software through patent law since a long time.This paper is divided into four parts, intends to discuss the patentability of the computer software by analyzing the characteristics of the computer software itself. In the first part I introduce the conception and features of the computer software, as well as the popular protected mode in the world now, and then I introduce some enlightenment the US and Europe bring to us. In the second part, I analyze the respect of software as a tool, and conclude that the computer software itself is a different from the rules and methods of mental activities, it can be treated as a kind of technology solution. The third part of the article is intended to discuss the differences of the authorized conditions between software patent and normal patent, it focus on the practicality, novelty and creativity. The key of the novelty lies in the judgment of the existing technical and the establishment of the database, the creativity has become the last threshold to patent. Then in the fourth part, I raise some advice on how to improve our protection on software in China. First of all, we should confirm the patentability of the software, and then control the quantity of software patent by taking strict censorship, and we also need to short the protection period of the software patent, in addition, I propose to expand the range of product that can be patentable to invisible ones, I also think it is necessary to open the source when apply for the software patent.