컴퓨터 프로그램의 특허성

• 영문명: Patentability of Computer Software
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 육소영
• 간행물 정보: 『비교사법』비교사법 제10권 2호, 481~511쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.06.01

영문 초록

A computer is composed of hardware. physical equipment comprising the computer system, and software which commands hardware to perform the required tasks. Computer software which is description of a particular data processing order for a computer in a computer language is human intellectual creation requiring investment of time, human labor and money. Accordingly, computer software must he protected within a social system, especially under intellectual property law. Because patent is a more exclusive tight than copyright, the producers of computer software want to protect it under patent law rather than copyright law whereby most countries currently afford protection to it. Under patent law, only invention can he patentable. Invention means the highly advanced creation of technical ideas utilizing rules of nature. Rules of nature including abstract ideas and mathematical algorithms cannot he patentable. Computer software consists of algorithms or mathematical methods which are abstract ideas or rules of nature. Accordingly, computer software has been unpatentable for a long time. However, as the scope of patent protection expands, the idea of computer software patent arises. In Japan, by amending patent law effective from 2003, computer software becomes patentable invention, but copyright law still stipulates computer program as a copyrightable work. The UK took a liberal and progressive position regarding computer software patentability in 1960s and 1970s. However, after amendment to its patent law in accordance with the European Patent Convention, computer software is rarely patented in UK. Most European countries did not consider computer software to he patentable. The European Patent Convention established the European Patent Office and the European Patent Office has liberalized patentability of computer software. In the US, since the Supreme Court in Benson first admitted that it could not refuse a patent of computer software, useful application of computer software, has been patented. In Korea. computer software is protected under Computer Software Protection Act, the subcategory of copyright law. However, computer software is actually less related to copyright law which purports to encourage development of culture. It rather contributes to industrial development in society. Despite that, it is not certain whether a change for computer software patent is needed. Patentability of computer software must be decided balancing computer software owner's private interest and public interest provided. by computer software patent in society.

목차

1. 서론

2. 특허의 요건과 컴퓨터 프로그램의 특허 적격성

3. 컴퓨터 프로그램의 특허성에 관한 각국의 입법례

4. 컴퓨터 프로그램에 대한 특허권 인정의 장단점

5. 컴퓨터 프로그램의 저작권 보호 적격성

6. 컴퓨터 프로그램의 저작권 인정의 장단점

7. 결론

참고문헌

ABSTRACT