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Of patent protection of computer programs

Author: ShenLePing
Tutor: ZhouChangLing
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: computer program feature patentability claim drafting
CLC: D923.42
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract


This paper discusses the similarities and differences in the provisions on examination of invention applications relating to computer programs between China, The United States, Europe and Japan from the features of computer program. It also proposes the feasible suggestions about the improvement to the provisions of China.The body of this paper is divided into four chapters.The first chapter includes two aspects. One is about the definitions of software, computer program and invention relating to computer programs, and the connections and differences between them. The other is the analysis of the features of computer program, and what protection shall be given to computer program and how to protect it.The second chapter introduces the status of the provisions on examination of invention applications relating to computer programs of China, and points out that there are two problems in the present provisions, one is about patentability, and the other is about the drafting of the claims.The third chapter introduces the evolution of patent protection in The United States, Europe and Japan, and simply introduces the requests of the claim drafting.The fourth chapter proposes several suggestions about the improvement to the provisions of China based on the fore-mentioned chapters.This paper arrives at the following conclusions. First, excludes computer program as such from patentability; Second, determines the means of technology in the patent law according to the fields of the software; Third, Unifies examination mode of patentability of computer program; Fourth, properly cancels the limitation for claim drafting; Fifth, establishes long and stable training system about examiner technical renew; Sixth, strengthens harmony between examination and the judgment.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Patent law
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