1.What is a patent for an invention involving a computer program?
1)The computer program indicated in the Chapter 9 (hereinafter referred to as this chapter) of 2nd part of patent examination guide points to the computer sequence of code-based instructions that are executed by devices having information processing capacity, or it can be automatically converted into a coded instruction sequence or a symbolic statement sequence. The computer program itself includes a source program and a target program.
2)The invention involving computer programs mentioned in this chapter refers to a solution to solve the problem posed by the invention, which is based in whole or in part on the processing flow of the computer program, and controls or processes the external or internal objects of the computer by executing the computer program compiled according to the above flow.(Note:It does not include improvements to computer hardware).
2.Standards for examination of invention patents involving computer programs.
1)Rules and methods of intellectual activity are not covered by paragraph 2 of A25.1 (a computer program itself or a computer program recorded only on a vehicle such as magnetic tape, disk, optical disk, magnetic disc, ROM, PROM, VCD, DVD, or other computer readable medium) and technical features must be included.
2)Comply with A2.2 and must constitute a technical proposal.That is, solutions to patent applications for inventions involving computer programs execute computer programs for the purpose of solving technical problems.Running computer programs on the computer to control or process external or internal objects reflects the technical means of following natural laws, and thus obtaining technical effects in line with natural laws.
