컴퓨터프로그램의 특허법상 물건성 인정의 필요성에 대한 고찰

Abstract

For a long time, computer programs has been unpatentable. However, nowadays, if the patent claim is in one of the forms of information processing system, information processing method or computer readable media, it can be awarded to invention regarding computer programs. Major countries in the world recognized that it is not enough that computer programs are protected by copyright, and adopted computer programs claim under some requirements. In other words, expression is protected by copyright law and idea is protected by patent law, and these make computer programs protected by both of them. This effectively makes unauthorized transmission of the patented computer programs impossible. In Korea, computer programs are protected under copyright law, but patent law does not allow computer program claim format and only adopts method or computer readable medium claim format, therefore it is controversial whether the online transmissions of software constitute patent infringements, while Japen patent law are enabling the remedies for patent infringements which occur in the online usage of patented software technologies, such as transmission of patented software through online or mobile platform. So, it is hard to say that Copyright is joining in the environmental change of the software industry and protects the software technology of the national software companies effectively. Online software market like App Store becomes commonplace and this fact creates a strong demand for the protection of the online deployment of computer programs. Now, there is no reason that does not adopt computer programs claim and it’s just time that the patentability of computer programs as the product in Patent Law should be allowed.