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Patent Protection for Computer Software

Author: LiuZhenQiang
Tutor: WuHong
School: Zhengzhou University
Course: Legal
Keywords: Computer software intellectual property patent protection
CLC: F204
Type: Master's thesis
Year: 2011
Downloads: 114
Quote: 0
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Abstract


The sixties of last century after the rise of the computer software industry, intellectual property protection on the discussion of computer software did not stop. With the improvement in the level of modernization, computer software applications more widely, and their own creativity is higher and higher. The rapid development of software industry allows us to use the law to provide better protection is crucial.For the protection of computer software, the current almost all countries have adopted to protect the computer software copyright law, some countries also use the patent law, trademark, trade secret law and other laws to protect them. In this paper, the current world comparative analysis of different protected mode, the domestic and international laws, introduced several of the computer software protection, and highlighted the patent protection of computer software, the focus of its necessity, but also I made some of their own views and solutions to the patent laws and regulations to develop and patent examination practice to provide some suggestions.This article includes introduction, body, thanks to three parts. Introduction of this study is to describe the background and research purposes. Body consists of four chapters. The first chapter is an overview of the software on the computer, introduced the concept of computer software, legal interpretation, the main characteristics and the need for its protection, and through innovative, creative, application of "nature" of computer software to specify compliance with the requirements of patent examination, in order to provide the basis and premise behind the argument. Chapter II of today’s computer software protection mode were compared, respectively, described their advantages and disadvantages, to illustrate the advantages of using what the patented method. The third chapter of the world’s leading patent-protected status of national software are described, the foregoing discussion of the patent protection of computer software to the international trend for China to make more accurate measures appropriate to provide direction. Chapter IV, put forward its own proposals targeted for patent protection of computer software in China. Rules for the Implementation of the Patent Law and its proposed amendments to establish more specific review standards and procedures, shorten the review period and the right to life, and as soon as possible to establish a business method software patent protection mode.Finally, the conclusion, I believe that the way to patent protection to protect the best efforts of computer software, which Western countries have made some exploration, but China’s current policy of patent protection for computer software is still immature, this country should further Improve laws and regulations, related departments should also make efforts to patent examiners still need to improve the comprehensive ability.

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