The Expansion And Limitation Of Patentable Subject Matter

Patentable subject matter that is commonly referred to as patent object, it is used to determine which inventions can apply patent. Patentable subject matter standard is used to limit the scope of patentable subject matter, this is a defining concept. View from provisions in most countries, "technical" is the traditional standard for patentable subject matter.Now, with the development of science and technology, the old provisions of patentable subject matter can no longer meet the needs of the period of new technologies. Many of the new technologies have the characteristics while the traditional technologies don't have, which made unprecedented challenges for patentable subject matter, in response to this situation, some developed countries and regions like the United States have expanded patentable subject matter, let some of the new objects into the scope of patentable subject matter, and gradually adjusted the review of patentable subject matter standards to adapt to the development. But, everything is too far to one side, therefore, patentable subject matter standard must not be because of its expansion needs too lenient, otherwise, the patent system will not protect the interests of patent holders well, and will bring some negative impact. So, we should impose some appropriate restrictions when expand the patentable subject matter.This paper studies the expansion of patentable subject matter and the rationality of the process, and review of patentable subject matter standards. Study the development of the patentable subject matter in abroad, then analysis the current situation and development prospects in our country. During the evolution of patentable subject matter, the most representative is computer software related inventions, therefore, this paper study the expansion of patentable subject matter and limitations example of computer software.This article is divided into four parts. The first chapter introduces the concept of patentable subject matter as well as the traditional standard of patentable subject matter-the "technical", discussion the traditional scope of patentable subject matter and technical requirements. The second chapter researches the expansion of patentable subject matter under the conditions of new technologies, lists the expansion of the situation in the United States, European Union and Japan, then analysis the representatives of the new technology computer software as patentable subject matter is reasonable, through the discussion in this chapter show that patentable subject matter can be expansionary whit a positive. The third chapter in the excessive expansion of patentable subject matter gives the corresponding countermeasures, that is, set reasonable barriers to entry for patentable subject matter, analyzes the expansion of patentable subject matter in the case, why should its limitations, and how it should be given the limits to the patent system more conducive to the implementation of, and conducive to social development. The fourth chapter combines the actual situation of China's patent system, analyzes the status of patentable subject matter and the development prospects and to make recommendations based on China's national conditions.