In Guidelines for Patent Examination of China, a computer software related invention is defined as a control or a process to a subject outside or inside of a computer by using the computer to execute a computer program based on processes of the computer program, wherein “a control or a process to a subject outside of a computer” is referred to a process or exchanging operation of outer data, and “a control or a process to a subject inside of a computer” is referred to an improvement for inner performance of the computer.
★Types of non-granting patent:
(1) Computer program itself or computer program recorded in a recording medium such as optical disc, USB drive and so on;
(2) Game rules;
(3) Mathematical calculation method.
In other words, any applications involving rules and methods of human intellectual activities do not belong to an object of patent protection. However, regarding a recording medium, an application of recording medium involving physical properties improvement such as laminated structure, track spacing and materials could be considered as an object within the scope of patent protection.
(1) A patent application which “solves Pi ratio by computer program” belongs to types of non-granting patent: Using computer program to execute mathematical calculating methods or rules is considered as an abstract thinking methods in nature of human being. Therefore, “solving Pi ratio by the computer program” are regarded as intellectual activity rules and methods and does not belong to object for patent protection.
(2) A patent application which “transforms global languages and texts by computer” belongs to types of non-granting patent: although the computer is used, the applicant merely applies his/her objectively understanding to re-regulate and re-define rule about languages and texts rather than improves the translating method of machine. Therefore, it does not belong to object for patent protection.
(3) A patent application which “ uses computer program to control rubber molding processes” does not belong to types of non-granting patent: in this example, the patent application is with characteristic features which uses computer program to precisely in time control of rubber vulcanization to increase rubber productivity. It is considered a solution which executes computer processes to achieve control for industry steps thereby obtaining a technical effect. Therefore, it belongs to object for patent protection.
※Tips for software related patent filing in China:
1. A computer software related application should not involve abstract algorithm or simply business logic and methods. Furthermore, it should involve technical characteristics.
2. A computer software related application should use technical means to solve technical problem and obtain technical effects.
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