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Chapter IX Some Problems in Examination of Applications for Patents for Invention of Computer Programs
1. Introduction
According to Item (2) of Paragraph 1 of Article 25 of China's Patent Law, no patent right is granted to the rules and methods of intellectual activities. The rules and methods of intellectual activities mentioned here include mathematical methods and all non-technical schemes characterized by people's abstract thinking, subjective thoughts or feelings (see Section 3.2 in Chapter 1 of this part).
According to the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law, the invention as mentioned in the Patent Law refers to a new technical scheme proposed for a product, method or its improvement. An application for a patent for invention involving a computer program must also be a new technical scheme that meets the requirements of this clause.
The computer program itself mentioned in this chapter refers to the coded instruction sequence that can be executed by computers and other equipment with information processing capabilities, or the symbol instruction sequence or symbol sentence sequence that can be automatically converted into the coded instruction sequence. A computer program itself includes a source program and an object program.
Inventions involving computer programs mentioned in this chapter refer to solutions based on computer program processing flow in whole or in part to solve the problems raised by inventions.
Law 25. 1(2)
2. Examination of an application for a patent for invention involving a computer program
If the application for a patent for invention only involves the computer program itself or the computer program recorded on the carrier (such as magnetic tape, magnetic disk, optical disk, magneto-optical disk, ROM, PROM, VCD, DVD or other computer-readable media), as far as the program itself is concerned, no matter what form it appears, it belongs to the rules and methods of intellectual activities.
However, if the application for a patent for invention involving a computer program is to solve technical problems and can produce technical effects by using technical means, it cannot be denied that the application for a patent for invention belongs to the object that can be granted patent protection just because it involves a computer program. For example, input computer programs into well-known computers to control the internal operation of computers, thus improving the internal performance of computers; Or use computer programs to control industrial processes, measurement or testing processes; Or using computer programs to realize external data processing, etc. The subjects of these invention patent applications should not be excluded from the scope of patentable objects when they meet the above requirements. An application for a patent for invention involving a computer program is to solve technical problems, use technical means and produce technical effects, indicating that the patent application belongs to the object that can be granted patent protection.
2. 1 Patent application for computer program invention without patent right.
An application for a patent for invention of a computer program does not fall within the scope stipulated in Item (2) of Paragraph 1 of Article 25 of the Patent Law. The following are some examples of unpatented items.
The theme of the invention patent application (1) relates to a method for solving pi by computer. In this method, the area of a square is divided by evenly and accurately points, then the inscribed circle of the square is made, and then a computer program is compiled to solve pi, so that the computer can first count the number of pulses of evenly divided points in the square, and according to the following formula:
Count value of "point" in ∑ circle
π = ————————————— × 4
Count value of "point" in ∑ square
Calculate and find pi. In calculation, if the sampling points are divided more and more finely, the value of pi will be calculated more accurately.
The subject matter of the application of the present invention only involves pure mathematical operation methods or rules themselves, and does not solve technical problems, and the processed objects and obtained results are non-technical values. Therefore, invention is not an object that can be protected by patent.
(2) The subject of the invention patent application relates to a method for automatically measuring the dynamic friction coefficient μ by using a computer. The traditional method for measuring the dynamic friction coefficient is to use a device to pull the rope to be measured at a fixed speed, and measure the position variation S- 1 and S2 of the friction plate respectively, and then calculate according to the following formula:
μ = (log S2- log S 1)/e
Calculate the dynamic friction coefficient μ of the rope to be measured. In the present invention, a computer is used to automatically process the data of S 1 and S2 according to the following steps, so as to obtain their dynamic friction coefficient μ, namely:
1. Find the ratio between S2 and S 1 S2/s1;
2. Find the logarithm logs2/s1of the ratio s2/S 1;
3. Find the ratio of logarithm S2/S 1 to E. ..
Although the theme of this invention patent application involving computer program is to solve physical quantities, the invention does not add any new technical features to the traditional measurement method, but it is actually only an algorithm program and still belongs to the category of pure mathematical methods; Therefore, invention is not an object that can be protected by patent.
(3) The theme of the invention patent application relates to the method of introducing new and enhanced functions to users of computer software applications on the basis of practical use. This method first provides enough functions for users to use when learning the basic level, and then provides users with new and enhanced functions on the basis of completing the predetermined conditions.
The essence of the present invention lies in determining, teaching, guiding or informing users of application programs what new and enhanced functions should be started under what conditions only according to the inventor's own subjective knowledge, judgment, ideas or experience. The invention does not solve the technical problem, uses non-technical means, belongs to a programming method, and the obtained effect is not a technical effect. Therefore, invention is not an object that can be protected by patent.
(4) The subject of the patent application of the present invention relates to a management system of enterprise's reward for employees, which includes a well-known computer, a database and a computer program for managing relevant information. The invention uses a computer program to control a well-known computer to process information data in a database, so as to achieve the purpose of managing employee rewards.
Although the invention is a "management system", its hardware structure has not changed, so the essence of the invention is a computer program for managing relevant information, that is, a method for managing bonus distribution. The invention does not solve the technical problem, and the obtained effect is not a technical effect; Therefore, invention is not an object that can be protected by patent.
(5) The subject of the patent application of the present invention relates to a game machine process management or control method, which comprises the steps of inputting a game, judging whether the game is a new game, calling in new game data, clearing the executed new game data, adding 1 to a counter, and returning to the initial state to wait for inputting a new game.
The subject of the patent application of the present invention is essentially a game process management or control program that runs on public game machines and performs process management or control on various games. The theme of the patent application of the invention is only to manage or control the progress of the game, without solving the technical problems, and the obtained effect does not belong to the technical effect; Therefore, invention is not an object that can be protected by patent.
(6) The subject name of the invention patent application is a computer-readable storage medium for storing computer programs, but the physical characteristics of the computer-readable storage medium itself have not changed, and the essence of the application subject is the computer program itself recorded on the computer-readable storage medium. Since the computer program itself does not grant patent protection, the invention is not the object that can be granted patent protection.
2.2 Application for a patent for invention involving a patentable computer program
Any application for a patent for invention involving a computer program that can solve technical problems and obtain technical effects by technical means belongs to the object that can be granted patent protection.
2.2. 1 Application for a patent for invention involving computer programs for 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. Because it solves the technical problems and can produce technical effects, this kind of application for a patent for invention involving computer programs for industrial process control belongs to the object that can be protected by patents.
For example, the invention patent application relates to a method for controlling the rubber molding process. The above-mentioned molding process is controlled by a computer program input into a well-known computer, which can accurately and real-timely control the vulcanization time of rubber in the production process. After using this computer program to control the vulcanization time of rubber, the shortcomings of over-vulcanization and under-vulcanization, which often occur in the prior art, are overcome, and the quality of rubber products is greatly improved. Because the invention solved the technical problems, used technical means and achieved technical effects, the application for a patent for invention belongs to the object that can be granted patent protection.
2.2.2 An application for a patent for invention related to improving the internal operation performance of a 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.
For example, the theme of the invention patent application is to use computer programs to control virtual storage on computers, expand the effective storage capacity of computers, and greatly improve the effective storage capacity of computers, thereby increasing the information and data storage capacity of computers and improving the running speed and efficiency of computers. The theme of the patent application of the present invention is to solve the technical problem of increasing the effective storage capacity of a computer and obtain technical achievements. Therefore, the patent application of the present invention belongs to the object that can be granted patent protection.
2.2.3 An application for a patent for invention involving a computer program 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.
For example, the subject of the patent application of the present invention relates to a device for measuring the viscosity of a liquid, which uses a computer program to automatically control the processes of sampling, calculating viscosity and cleaning a sample chamber. Because the technical problem to be solved by the invention is to use related computer programs, compared with the prior art, the efficiency and accuracy of measurement are greatly improved, so the invention has technical effects; Therefore, the patent application of the present invention belongs to the object that can be granted patent protection.
2.2.4 An application for a patent for invention involving a computer program for external data processing.
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.
For example, the subject matter of the patent application of the present invention relates to an image processing apparatus, which includes a well-known computer having an image processing program stored in a well-known memory, and the computer processes externally input image information data under the control of the image processing program in order to improve image quality. Essentially, the theme of the patent application of the present invention is to use computer programs to process image data on well-known computers to improve the image quality of images. Improving image quality is a technical problem to be solved, and improving image quality is a technical effect. Therefore, the patent application of the present invention belongs to the object that can be granted patent protection.
Law 25. 1(2)
3. An application for a patent for invention relating to Chinese character coding method and computer Chinese character input method.
Chinese character coding itself belongs to an information expression method. As far as the information expression itself or Chinese character coding itself is concerned, just like various information expressions such as voice signals, language signals, visual display signals or traffic indication signals, it only depends on people's subjective ideas or artificial regulations. Therefore, the Chinese character coding method itself is not a technical scheme. The result of realizing the coding method itself is only a symbol/alphanumeric string, not a technical effect; Therefore, the subject matter of an application for a patent for invention only involves the coding method of Chinese characters, and does not belong to the object that can be granted patent protection.
For example, the subject of an invention patent application only relates to a Chinese radical coding method, which is used to compile dictionaries and retrieve Chinese characters by using dictionaries. The Chinese character coding method of the present invention only artificially formulates corresponding Chinese character coding rules according to the knowledge and understanding of the inventor, selects, designates and combines Chinese character coding symbols, and forms a code/alphanumeric string representing Chinese characters. What the invention aims to solve is not a technical problem, no technical means are used, and no technical effect is achieved; Therefore, the patent application of the present invention does not belong to the object that can be granted patent protection.
However, if the coding method of Chinese characters is combined with the special keyboard used in the coding method as a computer Chinese character input method or a computer Chinese character information processing method for the computer system to process Chinese characters, then the well-known computer system that could not run Chinese characters in the past can take Chinese character information as an instruction to generate some new functions, thus realizing the automatic control of the production process or the automatic management of the office system; Then, this computer Chinese character input method or computer Chinese character information processing method belongs to the object that can be protected by patent.
An application for a patent for invention of computer Chinese character input method composed of Chinese character encoding method and special keyboard used by the encoding method shall describe the technical features of Chinese character input method in the specification and claims, and when necessary, describe the keyboard used by the input method, including the definition of each key position and the position of each key position in the keyboard.
For example, the subject of the invention patent application relates to a computer Chinese character input method, which includes the following steps: selecting a certain number of specific radicals as coding symbols from all radicals constituting Chinese characters, assigning these coding symbols to the corresponding keys of a specific keyboard, and inputting Chinese characters according to the coding input rules of Chinese characters by using the specific keys on the keyboard.
The patent application of the invention relates to a computer Chinese character input method which combines a Chinese character coding method with a special keyboard. Through this input method, the well-known computer system that can't run Chinese characters can run Chinese characters, and the processing function of the well-known computer system is increased. The patent application of the present invention aims at solving technical problems and producing technical effects, so the patent application of the present invention belongs to the object that can be granted patent protection.
4. Writing of instructions and claims of an application for a patent for invention involving computer programs.
In principle, the requirements for writing the description and claims of an application for a patent for invention involving a computer program are the same as those for applications for a patent for invention in other technical fields. The following only explains the special requirements of the description and claims of the invention patent application involving computer programs.
Law 26.3
4. 1 instruction writing
The description of an application for a patent for invention involving a computer program shall not only describe the technical scheme of the invention as a whole, but also clearly and completely describe the design idea, technical characteristics and methods for realizing its technical effects. In order to clearly and completely describe the main technical features of the computer program, the main flow chart of the computer program should be given in the attached drawings of the specification. Instructions should be based on the given computer program flow and describe the steps of the computer program in natural language according to the time sequence of the flow. The disclosure degree of the main technical features of the computer program in the manual is subject to the fact that ordinary technicians in this professional and technical field can independently write a computer program that can achieve this technical effect according to the flow chart and its description disclosed in the manual. For the sake of clarity, if necessary, the applicant can briefly extract some key computer source programs for reference in the usual markup programming language, but it is not necessary to submit all computer source programs.
Law 26.4
4.2 Claim writing
Rule 20. 1 and 2 1.2
An independent claim of an invention patent application involving a computer program can be written as a method claim or a product claim, that is, a device for realizing the method. No matter what form the claim is written, it must be supported by the specification, and it must reflect the technical scheme of the invention as a whole and record the necessary technical characteristics to solve the technical problems, rather than simply describing the functions of the computer program and the effects that can be achieved by the functions. If the method claim is written, the functions executed by the computer program and how to complete these functions should be described in detail according to the steps of the method flow; If it is written as a device claim, it should specifically describe the various components of the device and their relationships, and describe in detail which components have completed the functions of the computer program and how to complete these functions.
The following is an example of an invention involving a computer program, which is written in the device claim and the method claim respectively for reference.
Example 1
Regarding the invention patent application for "cursor control of characters on CRT screen", the independent claim can be written according to the following method claim.
A cursor control method for CRT display screen includes:
An input step for inputting information;
A step for storing the horizontal and vertical movement start position addresses of the cursor in the H/V start position storage device;
A step of storing the horizontal and vertical movement end position addresses of the cursor in the horizontal/vertical end position storage device;
A step of storing the horizontal and vertical addresses of the current position of the cursor in the cursor position storage device;
Characterized in that the cursor control method further comprises the following steps:
A comparison step for comparing the current horizontal and vertical addresses of the cursor stored in the cursor position storage device with the addresses corresponding to their horizontal and vertical end positions stored in the H/V end position storage device respectively;
In the cursor position conversion step controlled by the input keyboard output signal and the comparator output signal, the following actions can be selected.
Adding 1 to the horizontal and vertical addresses stored in the cursor position storage device, or setting the addresses of the horizontal and vertical start positions stored in the cursor position storage device into the cursor position storage device;
A cursor display step for displaying the current position of the cursor on a display screen according to the storage state in the cursor position storage device. "
Example 2 The claim of an application for a patent for invention related to the computer program described in the above example 1 is written as an equipment claim.
A cursor controller for CRT display screen includes:
Input means for inputting information;
H/V start position storage means for storing addresses of horizontal and vertical movement start positions of the cursor;
Horizontal/vertical endpoint position storage means for storing horizontal and vertical moving endpoint position addresses of the cursor;
Cursor position storage means for storing horizontal and vertical addresses of the current position of the cursor;
Characterized in that the cursor controller further comprises:
A comparator for comparing the current horizontal and vertical addresses of the cursor stored in the cursor position storage device with the addresses corresponding to their horizontal and vertical end positions stored in the H/V end position storage device respectively;
The cursor position conversion device controlled by the input keyboard output signal and the comparator output signal can choose the following actions.
The horizontal and vertical addresses stored in the cursor position storage device are increased by 1 according to a single character position.
Or subtract 1 from the horizontal and vertical addresses stored in the cursor position storage device according to the position of a single character,
Or setting the addresses of the horizontal and vertical start positions stored in the H/V start point storage device to the cursor position storage device;
Cursor display means for displaying the current position of the cursor on the display screen according to the storage state in the cursor position storage means. "
Example 3 "Computer System Suitable for Sequence Control and Servo Control" The related invention patent application adopts parallel processing, and three instructions of opening, closing and pausing are used as parallel processing instructions between the first and second programs to carry out sequence control and servo control. The writing method of the independent claim is as follows:
A sequential control and servo control method using open, close and pause instructions as parallel processing instructions is characterized by adopting the following steps:
Storing the sequence control or servo control program of the task to be executed in the program memory of the computer system;
Starting the computer system, the CPU reads instructions and executes operations according to the contents of the program counter, and updates the program counter according to the contents of the executed instructions;
When the executed instruction is a normal program instruction, the update of the program counter is the same as that of the general computer;
When the executed instruction is an open instruction, the program counter is updated to the address of the instruction after the open instruction, that is, the first address of the parallel processing program to be opened, thereby starting the control sub-processing operation;
When the executed instruction is a close instruction, the program counter is updated with the address selected from the address table or the address of the instruction after the close instruction, so that the program issuing the close instruction itself or another parallel program terminates the program and starts other parallel programs at the same time;
When the executed instruction is a suspended instruction, the program counter is updated by the instruction address after the suspended instruction, so that the program is suspended for a certain period of time as needed, and another parallel program is started during this period.
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You can consult China National Intellectual Property Administration consulting firm (because the answer here is the most authoritative);
China National Intellectual Property Administration Tel: 0 10 62083879, 0 10 62083966, 0 10 62083457.
Working hours (working days):
8: 30 am-165438+0: 30 pm: 65438+0: 30 pm: 4: 30 pm.
China National Intellectual Property Administration information desk:/sipo//SIPO /sipo/zxt/default.htm
Working hours: working days
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Besides answering you; If you get authorization after applying for a patent (that is, approval), you can sell your patent, but selling a patent is much more difficult than applying for a patent!
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Related references:
Patent for utility model: The total cost of self-application is less than that of 200 yuan, so please ask the Patent Office to represent it for about 1000 yuan. Generally, it can be authorized within six months to one year (national protection of utility model patents 10 years, authorization is better, but the scope of protection is narrower than that of invention patents).
Invention patent: the total cost of self-application is below 600, and the agency of patent office is below 3000. Generally, it can be authorized in about 3 years (the invention patent is protected by the state for 20 years, and there is no utility model patent authorization, but the protection scope is wide).
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I suggest you search for patents first (China National Intellectual Property Administration patent search website: /sipo/zljs/default.htm). You can learn how to use it slowly by clicking on the "Instructions for Use" below. If you find the same patent after searching, you can apply! But you must first make sure that someone is willing to spend money to buy your invention (few people are willing to spend money to buy an idea now, unless your patent is monopolistic), because it costs money to apply for a patent (asking a patent office to represent invention patents is about 3,000 yuan each, and utility model patents are about 1000 yuan each). There are many applications for patents now, but only a few can be sold.
If you are a person with outstanding personal ability, you can apply for a patent by yourself (see China National Intellectual Property Administration website: /sipo/default.htm for relevant contents), and the cost will be much less (the total cost of applying for a patent for utility model by yourself is probably less than that of 200 yuan, so please ask a patent firm to represent you 1 1,000 yuan). 600 yuan is always required to apply for a patent for invention, and it will cost 3,000 yuan if you look for a patent office agent), but the premise must be that you can thoroughly understand the Patent Law and its detailed rules for implementation, and learn enough knowledge from other patent documents to write your own patent application materials (with emphasis on instructions and claims). If you are not sure about yourself, I suggest you apply to the patent office!
If you don't know anything about applying for a patent, you can consult in the following ways;
China National Intellectual Property Administration Tel: 0 10 62083879, 0 10 62083966, 0 10 62083457.
Working hours (working days):
8: 30 am-165438+0: 30 pm: 65438+0: 30 pm: 4: 30 pm.
China National Intellectual Property Administration information desk:/sipo//SIPO /sipo/zxt/default.htm
Working hours: working days
In addition, I will provide you with a website with rich patent knowledge:/
Patent-related matters are more complicated, and it is even more complicated to apply for a good patent, so I won't make it clear here. I suggest you go to China National Intellectual Property Administration website to study it carefully, because the explanation of patent-related matters here is the most authoritative. If you don't understand anything, you can consult China National Intellectual Property Administration more, so it's good to apply for a patent in the Patent Office or by yourself.
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Reminder: If you decide to apply for a patent yourself, you must go to China National Intellectual Property Administration's website and search for patent documents related to Patent Application, Patent Law, Detailed Rules for the Implementation of Patent Law, Patent Examination and Patent Retrieval (1. Use patent search to avoid conflicts with your own patent application. 2. Use patent search to find relevant patent documents for learning, and see how others write patent materials, so as to write their own patent application documents), and study carefully. If you don't understand, you should always consult the China National Intellectual Property Administration Consulting Office. Never write casually, because once the patent application document is submitted, it will be difficult to modify it!