특허법 개정안에 대한 관견 -일본 특허법을 추종해서는 안 된다-

My View on the Revised Bill of Patent Law

The Revised Bill of Patent Law §2 ⅲ (a) is as follows: (a) in the case of an invention of a thing (including a computer program, etc., the same shall apply hereinafter), producing, using, assigning, etc. (assigning and leasing and, in the case where the product is a computer program, etc., including providing through an electric telecommunication line, the same shall apply hereinafter), exporting or importing, or offering for assignment, etc. (including displaying for the purpose of assignment, etc., the same shall apply hereinafter) thereof. 4. A “computer program, etc.” in this Act means a computer program (a set of instructions given to an electronic computer which are combined in order to produce a specific result, hereinafter the same shall apply in this paragraph) and any other information that is to be processed by an electronic computer equivalent to a computer program I do not agree on this revised bill. Because it is away from common sense: the program as such is not a thing. As the bill defined, a computer program is a set of instructions given to an electronic computer. The instructions are not things. And the greater parts of computer programs are not the highly advanced creation of technical ideas by which a law of nature is utilized. When patent act protect the program broadly, it is serious conflict with copyright law, which is the primary protection law of computer program. The bill is contrary to the global trends. Even in US, All computer programs are not protected by patent law. In the view of IP policy it is not recommendable.