Contrast Research On The Examining Standard Of Software Patent Of China And America

On today’s international community, the importance of patent protection of Program software is strengthened progressively, especially for U.S.A and Japan those software developed countries. Under this circumstance, China’s related software patents have to improve and perfect objectively. Therefore, how to explore an autonomous and favorable standard of examining patent theme and software patent for development of domestic software industry has became a hotspot which we have to face now. According to this subject, my thesis stands on the view of contrast research,to introduce the protective range of software patent analytically, follows the clue of the prejudications of typical cases of each period and analyze legislation of software patent. Puts forward a preliminary and constructive plan of construct China’s software patent examining standard based on analysis of differences with American standard of examining,such as steps of examining, examining standard of patentability, patentability of software patent, standard of preempt, examining standard of novelty and technical character.And analysis the possibility of legal transplant on the view of China’s native situation.