论计算机软件专利保护的合理限制-经济法学专业论文.docxVIP

II II Abstract In the developmental history of software, we once used copyright to protect it with the mixture of comprehensive trade secrets' law, competition law and contract law. Because of the "functionality" and "works' nature" of the software itself, the copyright law takes a congenitally deficient to protect it. Since the main job of copyright law is to protect the form of the work, while the value of the software is its internal techniques, so using greater patent protection in this field is becoming a choice in more countries. The method of patent protection used in computer software is reasonable and necessary, and this kind of trend is hard to reverse. Now the serious problem is how to proceed with patent protection of computer software? It is reasonable and necessary to protect the computer software with patent protection, but patent legal system cannot protect it excessively and indiscriminately which should find the starting point and equilibrium point of protection used in computer software and improve the patent examination standards and the legal protection system in computer software. The United States has always been a pioneer and an active advocate for patent protection of computer software. Since 1972 the case of Benseon trialed by the Federal Supreme Court Opened the door that the computer software-related inventions could be patented, it has a tendency that the requirement for granting computer software patent have become increasingly lenient, which causes poor- quality patent when they are put into practice and many other issues. In recent years, the United States has been constantly reflecting on their own computer software patent system. Japan's attitude toward the protection of computer software patent can be said to keep up with that of the United States. European countries has been relatively cautious. Until 1999, European countries began to reduce their review standards and allowed that the computer software-related inventions could be