Computer Software Patent Protection

The protection for software copyright has always been focused on by scholars.They discuss this problem in different perspectives ranging from trade marks acts,copyright law, business secret related laws, and contract law, to patent law. On theproblem of software protection, scholars divide widely. The point is whether softwareshould be subject to patent law and whether it is suitable to bring software into theprotection of patent law. Such is what will be illustrated here.For the problem with the necessity of patent law protection for soft ware, I willillustrate it in the perspective of patent examination obstacles;for the problem withthe feasibility of patent law protection, this essay will deal with it in the perspective ofinterest balance. Also this essay will mention the concept and nature of software, andhow can software be otherwise protected, the development of software patentprotection in the United States, Japan and Europe, the advantages and disadvantagesof software protection by patent law, and other questions alike, which is really anecessary base and complement ion in dealing with the main issues.This essay consists six parts, with the first part, defining software, the secondpart introducing legal ways of software protection and analyzing the deficits with eachprotection way and emphasizing on the advantages and disadvantages of the patentlaw protection, the third part introducing the development of software patentprotection in the United States, Japan and Europe, the fourth part dealing with, in theperspective of legal qualifications, the difficulties arising on the way to patentregistration, and in turn discussing the feasibility of awarding software patent, thefifth part analyzing the main reasons for which different countries hold differentattitudes towards software protection by patent law, and in turn discussing thefeasibility of software protection by patent law, the last part introducing the situationof the legal protection for software copyright in China, and putting forth somelooking-forward tactics.