Comparative Study On Computer Software Patent Protection And Copyright Protection

In the modern computer software intellectual property protection,copyright protection and patent protection is one of the most important two kinds.Copyright protection is one of the traditional mode of computer software protection,due to the limitations of its own,for the protection of computer software is crumbling,and about the patent protection is higher and higher,but,for the computer software copyright or patent protection shall apply,in the academic circle has not reached a consensus,it to the computer software in the practical operation of the protection of intellectual property rights has brought more uncertain factors.Based on the research on the problem of the intellectual property protection of computer software,adopts the dynamic and historical point of view.In contrast to copyright protection and patent protection in the process of horizontal comparison between the two,not only have their own longitudinal comparison,in order to comprehensively grasp the characteristics of the two,and then combined with the characteristics of computer software,from computer software and the object of intellectual property rights,rights of way and three protect time perspective,to the copyright protection and patent protection of computer software to carry on the thorough comparison.At the end of the article,a comprehensive understanding of copyright protection and the comparison of patent protection,to our country the present stage of the intellectual property rights protection mode of computer software to provide Suggestions and comments,respectively from two aspects,on the one hand,under the existing legal framework should be how to do,on the other hand is to change the existing legal framework,a redesign of the intellectual property rights protection mode of computer software.