Inventions and creations protected by patents must be used to solve specific technical problems. If the computer program needs patent protection, it also needs a solution to a technical problem in whole or in part based on the processing flow of the computer program. The field of computer software can be protected by applying for invention patent or software copyright.
Generally speaking, applying for invention patent to protect the technical content is the core idea of software development, not only to protect the code, but also to protect the software copyright. Of course, a software can also apply for invention patent and copyright protection at the same time.
2, patent technical disclosure materials
1. Name of invention: It simply and clearly reflects that the technical content of the invention is the product, device or method.
2. Technical field: the field to which the invention directly belongs or is directly applied.
3. Background: What is the similar existing technology closest to the invention, and what are its shortcomings or deficiencies? It is best to provide a document or its materials introducing this technology based on literature retrieval.
4, the invention content:
(1) Technical Problems Needed and Solvable by the present invention
(2) The specific technical scheme of the invention
(3) Why can the above technical solutions solve the above technical problems (reasoning and analysis)?
(4) Advantages of the invention: Give a concrete and realistic description of the effects that can be achieved by the invention (including social, economic and technical effects, preferably with specific data).
5. Attached drawings:
Necessary drawings (such as software flow chart executed by computer, consistent with the connection and transformation of physical process) should be provided to describe the invention, as long as the software flow chart that best reflects this method is given, and there is no need to consider programming skills and program simplification too much; Tree hierarchy diagram, etc. ), and may involve hardware equipment, it is necessary to provide circuit principle block diagram and specific circuit diagram; If necessary, drawings related to the existing technology should also be provided, and words should not appear in the general drawings.
6. Specific implementation methods:
In protected computer programs, most inventions involve control methods and data processing methods to solve specific technical problems.
Related problems of patent application in computer software field
1. What kind of invention patent applications involving computer programs can be granted patent rights?
Not all computer software can be patented, such as intellectual activity rules, and many computer software belong to this category. 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. What kind of application for a patent for invention involving a computer program does not grant a 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.