| Computer program has become the most important tools of production and life of human in the information age,the development of software industry bring enormous economic benefits to the society at the same time,how to effectively protect the rights and interests of the computer program developers,improving its r&d enthusiasm,to promote the innovation of the software industry,became the various countries’ important legal issues to be solved.Therefore,at the design level of relevant legal system,countries are actively exploring.In this paper,by analyzing the related computer program and the feasibility and the necessity of invention patent protection that copyright protected mode is not the real value of a computer program functional value,on the contrary,the patent law made up for the defects of copyright law.the author through the analysis of the concept of computer program related invention,think the judgment of the patentability of computer program is whether the invention patent object attributes,namely whether meet the technical standards.In addition,by comparing the domestic and foreign inventions patentability research about computer applications,this paper sums up the other countries or regions to treat this problem of theory development,the current computer programs can have the patentability of inventions,as patent object has become a national patent censorship in general,but the judgment standard is different.Compared with other countries or regions,China’s patent system with computer program related inventions patentability of review is particularly cautious,our country related invention the patentability of computer program review principle analysis,made clear the patentability of benchmark review.In addition,can solve the problem of patentability review benchmark,computer programs related inventions want to become a patent object that its claim to comply with the content of the patent examination on the special requirements of such an object,such as the claims to demand that type of limit and the right to claim the special requirements of writing rules.Therefore,the author thinks that we need the patentsystem in our country,deepen to the problems of computer program related inventions patentability,reasonably define the scope of patent protection in computer program related invention,further consummates our country invention patent protection in the field of computer software industry. |
