Abstract: The fair use system aims at stimulating innovation, promoting economic development and social progress by coordinating the interests between intellectual property rightholders and the public In recent years, the number of patents which are related to computer software is increasing, and the fair use of software patents arises public attention Therefore, on the basis of defining the content and application scope of the patent fair use system, analyzing the value and standard of software patent fair use system, and taking reverse engineering as an example to discuss expanding the scope of software patent fair use system are of positive significance to the development of our country’s software industry

Key words: softwarepatent, fairuse, reverseengineering