The Study On The Patent Eligibility Cases Of The Software-related Inventions In America Post-bilski

Initially computer software is protected by trade secrets and copyrights.Today, under the impetus of the Western developed countries, inventionswhich are generated by a computer software-related invention are trying touse patents to protect. But conditions for what kinds of computersoftware-related invention can get patents protection have been incontroversy, and it cannot give a definitive answer on this.In this paper, Iwill discuss this problem by studying seven typical cases of the UnitedStates.The case of Bilski in the United States has played a very important rolein the history of America and the media worldwide have given extensiveattention. After a two-year trial of its many twists and turns. The U.S.Supreme Court thus determines the general standard of the computersoftware related inventions. As we all know, America is a national case law,many computer software related inventions cases in the subsequent trial hasreferred the standard. But it has put some of the reasons for judgment and direction of the new trial and pointed out the direction for us. This paperselected six typical cases after Bilski case of computer software-relatedinventions, trying to summarize the standards from the seven courts ofgeneral computer software-related inventions cases. In this article, it hassummed up the four-point rule.This paper was composed by three parts of the introduction, body andconclusion. In the introduction, this paper introduces the definition of othercountries for computer software-related inventions of this concept, and theconcept of the difference between the concept of a computer program andcomputer software related inventions, and then it established the object ofstudy. Then it describes the background, purpose of this paper. This paper isdivided into four parts:The first part describes the Bilski case. The section first reviews theBilski case merits, pointed out that its main controversial point and thensummarizes its established criteria. Finally, it discusses the significance ofthe standard established by the case to referee similar cases.The second part is the introduction of the six cases successivejudgments of the court post-Bilski. The cases are all about the computersoftware. These six cases are as a standard of judgment and the cases istypical. It introduces the part of the merits of these six cases and highlighted the determined standard of judgment.The third part summarizes the overall trend of the computersoftware-related inventions patent eligibility that the six cases reflected andfinds its own rules. It has summed up the four-point rule.The fourth part introduces the concept and characteristics of cloudcomputing, and combined with the trend of the above six cases reflected tosummarize and contrast, trying to find a suitable protected mode for cloudcomputing.