Study Of Patent Protection For Computer Programs

In recent years,due to the booming development of the computer industry and communication industry,the application of computers has been deeply penetrated into all walks of life,including people’s daily life and industrial production applications.And computer programs as the core of computer productivity,there are many technical innovations that need to be protected in new fields such as big data and the Internet.At present,computer program technology is protected by the following three protection modes:trade secret protection mode,copyright protection mode,and patent protection mode.The trade secret mode is an extremely strict protection mode,and the copyright law protects the expression form of ideas,which cannot maximize the rights and interests of computer program developers,thus patent protection for computer programs is urgent,and also brings unprecedented challenges to the current patent protection system in China.This thesis investigates the current situation of patent protection for computer programs and proposes suggestions to improve the existing patent protection system on this basis,with a view to promoting the technological protection and sustainable development of the computer program-related industries.The overall framework of the thesis includes three parts,namely,introduction,main body,and conclusion,as follows.The first part is the introduction.It mainly introduces the research background and research significance of patent protection of computer program technology and understands and analyzes the current research status of computer program patents at home and abroad by reading and comparing the literature related to patent protection of computer programs at home and abroad.The second part is the main body of the article,which contains the following three chaptersChapter 1-The concept of computer program patent and the current status of an application.This chapter first clarifies the concepts related to computer program patents.Based on the current situation of computer program patent applications in the G06F category in the past ten years,the analysis finds that the number of computer program patent applications is growing,the technology fields are active,and enterprises are investing more in R＆D for later discussion.Chapter 2-Problems and Analysis of Computer Program Patents.This chapter explains the current patent law system,explains that the existing patent examination standards cannot meet the needs of such a fast-growing industry,analyzes the examination problems faced by the computer program-related solutions to be filed;and the imbalance of rights and interests that arise after the completion of inventions and creations can affect the stability of the computer industry and the law.Chapter 3-Suggestions for the Protection of Computer Program Patents.This chapter starts from the problems of computer program patents and the interest level of patent protection for computer programs,and proposes protection recommendations in the examination of computer program patents and legislative protection of computer program patents,with a view to a more effective examination of computer program patents and balancing the interests among subjects of interest and the public.The third part is the concluding remarks.Based on the existing Patent Law and the Patent Examination Guidelines,we discuss the necessity of patent protection for computer programs,summarize the challenges posed by computer programs as a rapidly developing new industry to the existing patent law and examination system as a whole,and hope that the proposed recommendations can make up for the shortcomings of the existing patent law in terms of insufficient protection for the computer program industry,solve the problem of the slow examination system and the rapid development of the existing industry It is hoped that the proposals can remedy the shortcomings of the existing patent law in protecting the computer program industry,solve the problem of the slow examination system and the rapid development of existing industries,and look forward to the future improvement of the patent law and the patent examination system.