일본에 있어서 SW문헌과 SW발명의 보호와 역할

Software Literatures and Protection and Role of Software Inventions in Japan

In order to legally protect software (SW) literatures and SW related inventions, it is required to set complementary relations. As one example, in the patent examination of SW related inventions, it should be considered what influence SW literatures exert on such patent examination. Although both laws have different objects of protection, the SW literature can serve as evidence in creating a patent right and vice versa. Japanese Patent Office (JPO) collects SW literatures and establishes a database (DB) thereof. That is, JPO examiners judge the patent requirements for SW related inventions by searching SW literatures through the DB. The Japanese government has decided it is the shortcut to saving the cost and time for developing the SW for a person who intends to develop the SW to thoroughly search the prior art SW literatures and to develop the SW using the searched prior art SW literatures. Accordingly, Japanese enterprises and research institutes search prior art SW literatures through a DB system of SW literatures established by JPO and open to the public, and utilize the searched SW literatures in their research and development. Accordingly, in this study, in order to prevent the creation of false patents due to incomplete patent examination of SW related inventions and double investment that may be caused by the defective search for prior art SW literatures, the legal protection system of SW and the role thereof which is in force in Japan have been examined.