Angel devil photograph accompanies: Chew not sodden patent problem

Ni Guangna (academician of Chinese Academy of Sciences)

Angel and devil always are accompanied and come, this word was used 2011 to pay close attention to degree of top apple firm is again appropriate on the body did not pass. No matter be the exterior or function, what malic company brings an user is tremendous enjoyment. But for other to the smartphone company, the apple can most popular selling canon ef 15mm be not angel. Some facts are brutal, for instance, the apple is right 2011 SamSung to lodge a complaint, cause SamSung Galaxy Tab 10.1 to be prohibited appearing on the market in Germany sale. The patent war of other smartphone company also undertakes getting like a raging fire, HTC sues technology of 3 of the apple concerned Wi-Fi and product ch most popular selling memory laptop toshiba aracteristic problem; Inscriptions on bones or tortoise shells of the Shang Dynasty mentions to Gu Ge the relevant lawsuit of Android system; Microsoft is sued to Motolora. Nowadays, patent battle becomes the act of a kind of trade that Euramerican developed country uses often.

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In software relevant intellectual property protects a respect, we should take software patent issue seriously particula most popular selling memory card digital cameras rly, bring about forestall because software is patent completely likely, and this kind of forestall will strangle China to be in arisen software industry.

Certain state is patent to software very chase after hold in both hands, a man of insight has attack more. Somebody thinks, patent will harm little software company, in fact, product of a little software involves a lot of patent possibly; 20 years of protection of software patent are helpless innovate at software. Somebody thinks, if be compared with medicaments patent (normally patent of a medicaments often needs to cost a certain number of 100 million dollars and await ability 10 years to obtain) , software patent was obtained too easily; Present software patent has only actually very few one part be qualified.

Software patent is opposite after all who is advantageous and OK inspiration gets in changing to the manner of software patent from Microsoft. In the past, microsoft to patent disinclination, it still is developing level in those days, do not hope to software is manacled patently. For example, be in early 20 centuries 70 time, the word processing software that there is other company on the market (WordStar) , e the best selling memory laptop toshiba lectron expresses software (VisiCalc) the most popular brooch pins , if the word processing software of these companies and electron expressed software to win patent, so in 20 years in after this, microsoft cannot be done. If it is so, also do not have today's Microsoft. But monopoly position is acquired in a lot of software domains when Microsoft later hind, it changed position. The funds of research and development that Microsoft throws every year according to its, consult the scale of amount of general and patent application and funds of research and development concerns, order the patent cause that gave to apply for every year to be 3000. Such, microsoft owned large quantities of one software patent very quickly. From this kind of manner of Microsoft change can see clearly, software patent is advantageous to holding the software tycoon of monopoly position, and in going against little software company, go against the innova free canon ef 15mm tion of software industry.

Of most popular selling brooch pins course, this kind of change of Microsoft manner still has a reason is the adversary that attempts to strangle it with patent -- the software opening a source that is a delegate with Linux. For example Ceng Wei coerce says Microsoft, linux violated 235 patent of Microsoft, the purpose strangles Linux with this or make the user dare not use Linux. Because software patent goes against those who open source software apparently,live and develop, the proponent that source software opens on the world so basically does not advocate execute software patent to protect.

The development of Internet posed a challenge to protection of traditional software intellectual property. Current, the standard of Internet is open, internet standard is basically nonexistent patent collects fees problem; The software propping up of Internet is software opening a source mostly, and have more and more tendencies; The development of Internet has make software service is changed (the trend that SaaS) makes software owner want commercial pattern. Cloud computation is swift and violent recently develop, provider of service of most cloud computation is to be based on source software platform, a main reason is to rely on source soft free brooch pins ware, can in time answer the rapid change of the market, do not send get of other software provider restrict, facilitate reinforce message safety and reduce cost. In software opening a source, besides what use AGPL permit beyond, those who use other license if be used at Web,the service does not need to open source code, this makes serve a provider to be willing to use source software very much, because this cloud calculative is arisen,also promoted the development of software opening a source. Afore-mentioned these circumstances, protection of traditional to software intellectual property, include software patent to protect the concussion with very large generation.

Inside international limits, the European Union regards software as the victim of forestall, also do not wish the software patent system that overall accepts the United States. Around move software is patent, the two aspects that support and oppose are having intense accuse and denounce at a meeting all the time, it is advantageous that this kind of circumstance boycotts software patent to protect to China.

Pure software of reject a complaint of Chinese active exclusive law is patent, namely the regulation of intellectual activity and method cannot patent application. China serves as a developing country, restrict to be helpful for those who cast off forestall, be helpful for the own innovation of software industry, cannot copy software patent system of the United States apparently, and ought to implement the system of software intellectual property that accords with Chinese national condition. Because this shows level, most country is same on China and world, basically be the copyright protection that executes software.