On The Eligibility Of The Patant Of Computer Program

The invention patents related to the implementation of computer software continue to change in the United States patentability standards,from the exclusion of patent protection to gradually release,and then to the present rapid tightening,which reflect the gradual improvement of the law,as well as the promotion of huge economic interests behind it.And China has always adopted a more conservative approach to patent protection involving computer implementation.Reasons are that on the one hand,the Internet is in the full integration of information and communication technology,and reshaping the traditional industries;on the other hand,the rules on the eligibility of computer-related patents are not clear,which urgently calls for the patent policies that conform and promote the China's industries development.This paper first clarifies the technical characteristics difference between computer program and software,describes the classification of current protected objects,and analyzes the latest provisions of the new revision of the Patent Examination Guide as well as its impact on technical background judgment standard;Secondly,based on the in-depth analysis of the classic cases,this paper clarifies the application of the Mayo dichotomy,and points out its unavoidable deficiencies,and then expounds its impacts on the US patent market;This paper takes ZTE case for example to illustratethe use of the Mayo dichotomy to take advantage of the litigation and summarizes how to properly use the method in litigation practice.Once more,through the technical use of patent search tool Incopat,this paper,from the perspective of the number of applications for authorization and the legal status,analyzes the United States and China's situation of invention patents related to the implementation of computerin recent years,and compares the judgment methods,legal provisions and the status of patent environment;and then by analyzing the "Little I robot patent invalidation " case,finds out the characteristics and problems of the current patentability judgment method.Finally,combined with the latest revision of China'sPatent Examination Guide,the author not only puts forward the idea of further perfecting the method of patent examination in our country,but also analyzes the mutual influence of patent policy,industrial development and scientific and technological progress from the perspective of patent policy,to find the right direction of present China's patent policy,and the balance betweenthe "technical" requirement,technology development,and the encouragement of innovation.