Can I apply for a patent for application system software?

Software patent application is very strange to most domestic software enterprises. I wonder if the software can still be patented. Even though I know, I think it is very difficult to apply for a software patent. I think computer software must be combined with hardware to apply for a patent. This is an old imperial calendar, and China's patent examination guide has been revised long ago.

According to the provisions of Chapter 9 of China's revised Guide to Patent Examination, some issues concerning the examination of applications for patents for inventions involving computer programs: "Any application for patents for inventions involving computer programs that can solve technical problems and obtain technical effects by technical means belongs to the object that can be granted patent protection." According to the patent examination guide, there are four kinds of software that can obtain invention patents.

1, a computer program related to industrial process control.

If the invention patent application is to input a computer program into a well-known computer to form a computer-controlled device or a computer-controlled production method, in this case, the computer program and computer hardware are regarded as a whole, then the well-known computer and computer program together constitute a production device or production method for industrial process control.

2. Software related to improving the internal performance of the computer.

If the subject of an application for a patent for invention relates to a method for improving the internal operation performance of a well-known computer system by using a computer program, because the application for a patent for invention aims at solving technical problems and achieves technical effects by improving the internal operation performance of the well-known computer system, it belongs to the object that can be granted patent protection.

3. Software for measuring or testing process control

If the subject of an application for a patent for invention is to control and/or perform a certain measurement or test process by using a computer program, the application for a patent for invention belongs to the object that can be granted patent protection because it aims to solve technical problems and obtain technical effects.

4. External data processing software

If the theme of an application for a patent for invention is to use a computer program running on a well-known computer to process external data to solve specific technical problems, then this application for a patent for invention belongs to the object that can be granted patent protection, because it deals with technical problems, uses technical means and can achieve technical effects.

China's patent examination guidelines are being revised, and the conditions for software patent application should be more and more relaxed, so we should actively apply.