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The Patentability Of Computer Program

Posted on:2021-04-05Degree:MasterType:Thesis
Country:ChinaCandidate:H Y SongFull Text:PDF
GTID:2506306224997649Subject:Master of law
Abstract/Summary:PDF Full Text Request
With the development of computer science,computer programs gradually separated from computer hardware to form a separate industry,and quickly used the Internet to cover global markets.In this process,countries headed by the United States have incorporated the new object of computer programs into the protection system of copyright law,making the copyright model the mainstream protection model in countries around the world.With the rapid development of the computer program industry,the contradiction between the idea that the copyright law cannot protect inventions has become increasingly prominent,and the patent law protection model has gradually emerged.However,the patent law protection of computer programs is not all plain sailing.The first is the dispute over whether the computer program is patentable.This paper will discuss this dispute.This paper starts from the history of the development of computer program patents,analyzes the hindrance of computer program programs to become eligible patent objects,and discusses the patentability of computer programs in conjunction with the examination object of patent objects.First of all,this article expounds the background of the topic selection and the main research content,and analyzes the concepts of "computer program and computer program itself","computer program and computer software" and "invention involving computer program" to clarify the research direction of this article.Secondly,by studying the development of computer program protection in the United States,the European Union,Japan and China,this paper understands the considerations made by various countries and regions when incorporating computer programs into the protection of patent laws,and analyzes the obstacles to the protection of patentability from multiple perspectives.Thirdly,this paper analyzes the advantages of computer program patent law protection and the main obstacles to the patentability of computer programs,discusses the relationship between computer programs and intellectual activity rules and methods,anduses " transformation of material state" and "technical solutions" Based on the mainstream examination standards for the eligibility of two patent objects,it analyzes the patentability.Finally,according to the latest development trend of computer program patent protection,this paper prospects the patentability development of computer program product patents.
Keywords/Search Tags:Computer program, Patent Protection, Patentability
PDF Full Text Request
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