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Patentability of computer software

Author: ShiLin
Tutor: ZhangYuMin
School: Southwest University of Political Science
Course: Legal
Keywords: Computer software Computer program Patentability Patent three characteristics
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 278
Quote: 4
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Abstract

The birth of the computer not only to the world of scientific and technological progress, thinking on the legal protection of computer software, but also to the world. Due to the great similarity between the computer software and written works that are both intellectual copied language symbol performance in some tangible form to create results, people choose the Copyright Act as the main protection of computer software; same time inappropriate to equate computer software without patent protection rules of mathematical algorithms and intellectual activities and methods, excluding computer software outside the scope of patent protection. Computer software, however, is undoubtedly a mixture of both the \. The first step after the first step of the software patent protection in the United States, Japan, the European Union also followed. On the patentability of computer software problems, China should adopt a positive attitude, but before decided to give patent protection to computer software should figure out the following question: What is the motivation of computer software to enter the patent protected areas behind the? United States, Japan, Europe and other developed countries is how to achieve a change in attitude on the issue in the computer software patent protection? reasonableness of that? patent protection for computer software on the computer software and traditional industrial technology patented \What is the difference? patent protection of computer software, we should adopt what countermeasures? answer on these issues. This paper is divided into four parts. The first part is a historical review of the computer software and its legal protection. Since the computer software generation, the world has not \For patent law, only a computer program to have legal significance, so in this article, \The active promotion of the United States, the countries of the world will eventually computer software copyright protection mode finalized. At the same time, has launched the software mining trade secret law, contract law, trademark law and unfair competition law be protected. Although these protection methods from different angles provide a more comprehensive legal protection to computer software. However, the legal protection mode has its own can not overcome the defects, can not be truly effective protection to computer software, technical ideas. The second part describes the attitude of the world's major developed countries in the issue of patent protection of computer software.

Patentability of computer software

Abstract

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