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Can computer software be patented? How does it differ from software copyright registration?
Release Time：
2015-11-24
Computer software alone, which is a rule and method of human intellectual activity, cannot be granted a patent under Article 25(1)(b) of <The patent law >. However, if the invention involving computer software is a solution to a problem raised by the invention, based in whole or in part on the processing flow of a computer program, it is possible to apply for a patent for the invention.
(The protection of computer software (under the Patent Law) has three distinct advantages: first, it protects the creative method of computer software and the source code unique to the computer software. Secondly, the degree of protection is high, once the computer software is granted a patent, other computer software developers will be recognized as infringing if they develop computer software that is identical or similar to the way of expression or idea of the software that has been patented. Thirdly, the term of patent protection for computer software is more reasonable. The term of protection for inventions (under the Patent Law) is twenty years, which is obviously lower than the international general practice of copyright law - fifty years after the author's lifetime plus death (Berne Convention) or twenty-five years (Universal Copyright Convention), which is close to the actual economic life of computer software, and is conducive to the promotion of scientific progress.
Source: Beijing 12330
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