Liao Cheng-Wei (Bureau Chief, Taiwan Intellectual Property Office, MOEA)
Software may seem like an abstract concept, yet it has already permeated every aspect of our daily lives. From smartphones, smart appliances, and automobiles to invisible smart medical systems and factories, software plays a crucial role. Modern life has become inseparable from software.
Surprisingly, however, software-related inventions—despite their importance—were not eligible for patent protection until about 30 years ago. In the early days, software was generally viewed as a series of “steps” or “procedures” used by engineers to solve problems through mental activity. At that time, such “procedures” were considered unsuitable for patent protection and were instead protected, like books or artworks, by copyright. Copyright protects the “expression” of code, not the “technical function” realized by the code.
However, with rapid technological advancement, software functionality has grown increasingly complex, and the software industry has risen swiftly to become a major driver of economic growth. Countries around the world gradually recognized that protecting only the expression of code—while ignoring the underlying technical functions implemented by software—would hinder innovation and technological progress. To promote industrial development, countries began to open up and allow patent protection for software inventions having “technical character”.
For software inventions to obtain patent protection, the first major challenge they face is “subject-matter eligibility”. Basically, this is the determination of whether an invention falls within the scope of protection under patent law. Patent Act exists to encourage technological innovation, and therefore protects technical means that use “nature law” to solve problems. Pure mathematical methods, business methods, game rules, and similar subject matter generally do not meet eligibility requirements and cannot be patented.
For instance, improvements in AI are a popular area today. If an invention merely presents a new mathematical algorithm and describes the algorithm itself, it is typically not patentable. The applicant must clearly explain how the AI algorithm is practically applied within a computer system, and how the system uses it to process information or solve a specific problem.
Secondly, the “specification” in a patent application must be sufficiently detailed. It must clearly describe the problem the invention seeks to solve, the specific effects it achieves, and the technical means used to realize it. For example, if the inventive feature lies in innovative AI training data, the applicant should explain in detail where the data comes from, its format, what it contains, and so on. If the focus of the invention is algorithm improvement, the relevant details, steps, and underlying principles of the algorithm must be thoroughly described. The purpose of the specification is to enable a person skilled in the art to understand and practice the invention after reading it.
Finally, the patent claims must precisely define the scope of protection and list the indispensable “technical features” necessary to solve the problem. For software-related inventions, it is especially important to ensure that the listed technical features indeed produce a “technical effect”. If the resulting effect is merely business convenience, mathematical computation, or aesthetic change—without generating a concrete technical effect such as improving system processing efficiency, enhancing device performance, or achieving specific control—then those features may be insufficient to support the “inventive step” requirement.
Software has become the core of modern technology, and protecting technological innovations is vital to corporate competitiveness and national development. For software developers and technology companies, understanding the requirements for software invention patent applications—particularly subject-matter eligibility, detailed specification drafting, and precise claim definition—is essential for safeguarding technological achievements and encouraging continuous innovation.
(Compiled by Reporter Chiang Jui-Chih)
[2025-12-01/Economic Daily News/Page A12]
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