One paragraph is added after item (2) of Section 4.2 of Chapter 1 of Part II of the Patent Examination Guide, which reads as follows:
take for example
Claims involving business models, if they contain both business rules and methods and technical features, should not exclude the possibility of obtaining a patent right according to Article 25 of the Patent Law.
Other contents of this section have not been modified. Two. Revision of Part II, Chapter 9, Section 2
In the first paragraph of Section 2, Chapter 9, Part II of the Patent Examination Guide (1), "computer programs recorded only on carriers (such as tapes, disks, optical disks, magneto-optical disks, ROM, PROM, VCD, DVD or other computer-readable media)" is changed to "computer programs recorded only on carriers (such as tapes, disks, optical disks, magneto-optical disks)".
In the third paragraph of Section 2, Chapter 9, Part II of the Patent Examination Guide (1), the phrase "computer-readable storage medium restricted only by recorded programs" is changed to "computer-readable storage medium restricted only by recorded programs themselves".
Other contents of this section have not been modified. Three. Revision of Part II, Chapter 9, Section 3
Delete Example 9 in Section 3, Chapter 9, Part II of the Patent Examination Guide. Four. Revision of Section 5.2 of Chapter 9 of Part II
The "device for realizing this method" in the paragraph 1 of Section 5.2 of Chapter 9 of Part II of the Patent Examination Guide is amended as "device for realizing this method, for example".
In the third sentence of 1, section 5.2, Chapter 9, Part II of the Patent Examination Guide, the phrase "and describe in detail which components of a computer program complete and how to complete these functions" is amended to read "Components can include not only hardware but also programs".
All the "functional modules" in the second paragraph of Section 5.2 of Chapter 9 of Part II of the Patent Examination Guide are revised as "program modules".
Other contents of this section have not been modified. V. Revision of Section 3 of Chapter 10 in Part II
Section 3.5 is added to Section 3 of Chapter 10 of Part II of the Patent Examination Guide, and item (2) of Section 3.4 is moved to Section 3.5 and revised. Section 3.5 reads as follows:
3.5 About Supplementary Experimental Data
To judge whether the specification is fully disclosed, the contents recorded in the original specification and the claims shall prevail.
The examiner shall examine the experimental data submitted after the application date. The technical effect proved by supplementary experimental data shall be obtained by the technical personnel in the technical field from the contents disclosed in the patent application.
Other contents of this section have not been modified. Revision of intransitive verbs Part IV Chapter III Section 4.2
Item (2) (i) of Section 4.2 of Chapter III of Part IV of the Patent Examination Guide is amended as:
(i) For a claim modified by other means than deletion, the reasons for invalidation shall be added to the modified content within the time limit specified by the Patent Reexamination Board, and the added reasons for invalidation shall be specified within the time limit;
Other contents of this section have not been modified. Seven. Section 4.3. 1 in Chapter III of Part IV is revised.
Delete the "claim or merger modification" in section 4.3. 1 section 3 (2) of Part IV of the Patent Examination Guide.
Other contents of this section have not been modified. Eight. Section 4.6.2 of Chapter III of Part IV is revised.
Paragraph 1 of Section 4.6.2 in Chapter III of Part IV of the Patent Examination Guide is amended as:
On the premise of meeting the above-mentioned principles of modification, the specific ways to modify the claim are generally limited to deleting the claim, deleting the technical scheme, further defining the claim and correcting obvious errors.
Delete the third paragraph of Section 4.6.2 in Chapter 3 of Part IV of the Patent Examination Guide, take the fourth paragraph as the third paragraph, and add the fourth paragraph 1, as follows:
The further definition of the claim refers to adding one or more technical features recorded in other claims to the claim to narrow the scope of protection.
Other contents of this section have not been modified. Nine. Section 4.6.3 of Chapter III of Part IV is revised.
In the second paragraph of Section 4.6.3 of Chapter 3 of Part IV of the Patent Examination Guide, the words "modify the claim by merger" are changed to "modify the claim by other means than deletion".
Other contents of this section have not been modified. X. Revision of Part V, Chapter IV, Section 5.2
Item (2) of Section 5.2 of Chapter IV of Part V of the Patent Examination Guide is amended as:
(2) For the file of an application for a patent for invention that has been published but not announced, you can consult and copy the relevant contents in the file of the patent application, including: application documents, procedures directly related to the application, published documents, notices and decisions sent to the applicant in the preliminary examination procedure, the text of the applicant's reply to the notice, notices sent to the applicant in the substantive examination procedure, search reports and decisions.
Item (3) of Section 5.2 of Chapter IV of Part V of the Patent Examination Guide is amended as:
(3) The contents that can be consulted and copied in the patent application documents announcing the grant of the patent right include: application documents, priority documents, program documents directly related to the application, invention patent pamphlets, invention patent pamphlets, utility model patents and design patents pamphlets, patent registers, patent evaluation reports, and applications filed by the Patent Office and the Patent Reexamination Board in various final examination procedures (including preliminary examination, substantive examination, reexamination and invalidation). ).
Delete Item (5) of Section 5.2 of Chapter IV of Part V of the Patent Examination Guide.
Other contents of this section have not been modified.