Can a computer program invention be patented?
According to Article 25 of the Patent Law, if an application for a patent for invention only involves the computer program itself or the computer program recorded on the carrier, as far as the program itself is concerned, no matter what form it appears, it belongs to the rules and methods of intellectual activities and cannot be granted a patent, so it is impossible to apply for a patent. If a claim involving a computer program contains both the contents of the rules and methods of intellectual activities and the technical features in all the contents that define it, the claim as a whole is not the rules and methods of intellectual activities. According to the provisions of Article 25 of the Patent Law, the possibility of obtaining a patent right should not be ruled out. If the solution of an application for a patent for invention involving a computer program is to solve technical problems, running a computer program on a computer to control or handle external or internal objects embodies the technical means of following the laws of nature, and thus obtains the technical effect in line with the laws of nature, then this solution belongs to the technical solution mentioned in the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law and belongs to the object of patent protection. For example, if the solution of an invention patent application involving a computer program executes a computer program to control the industrial process, measurement or testing process, and the industrial process control program is executed by a computer to complete a series of controls at various stages of the industrial process in accordance with the laws of nature, so as to obtain the industrial process control effect in accordance with the laws of nature, then the solution belongs to the technical scheme described in the first paragraph of Article 2 of the Detailed Rules for the Implementation of the Patent Law and belongs to the object of patent protection.