Chen Chen

Date of Award


Author's School

School of Law

Degree Name

Doctor of Juridical Science (SJD)

Degree Type



This dissertation studies the patent protection for software related inventions in the U.S. and in China. It discusses the differences among trade secret law, copyright law, and patent law as the body of law to protect software inventions in the U.S. and concludes that patent law is comparatively the most suitable choice in situations where the inventor’s cost is high and the invention can be readily copied. Then, based on economic emphasis, it discusses considerations or changes that should be made when utilizing patent law to protect software in the U.S. Moreover, this dissertation attempts to provide a detailed analysis of the development of China’s patent system based on a theoretical structure.

Chair and Committee

Charles McManis, Kevin Collins, Scott Baker

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