What are the common legal states of patents?

Legal status can be roughly divided into three types: the first is unstable, such as the "openness" and "substantive examination" of an application for a patent for invention, that is, the situation waiting for examination or in progress; The second is a relatively stable state, that is, the "authorized" state after the audit. Some patents may still be "expired", and some may be "terminated" because they have not paid the annual fee on time; The third is a stable state, such as "withdrawal" after publicity, "deemed withdrawal" after review, "rejection" and "abandonment" after authorization, and "revocation" or "invalidation" when closing the case, and there will be no change. Q: How to consider the role of algorithm features when making creative judgments? A: If an application for a patent for invention involving a computer program algorithm can improve the internal performance of the computer, the claim should reflect the interaction between the algorithm and the internal components of the computer, and how the algorithm can play a role in improving the internal performance of the system through this interaction. Where an application for a patent for invention involving a computer program algorithm involves a specific technical field, when writing the claim, it must reflect how the algorithm is combined with the corresponding technical field and how to deal with external technical data. Q: For a patent application involving the related processing of basic graphic elements in computer graphics, how to judge whether the claim constitutes a technical solution from the perspective of three technical elements? A: When judging whether a patent application belongs to a certain technical scheme, it cannot be simply asserted from the perspective of whether it belongs to a certain technical field. It is necessary to combine a specific plan and analyze and judge from the perspective of three technical elements. Usually, the problems solved, the means adopted and the effects achieved by the scheme are interrelated, and whether the three are technical or not is usually consistent. In other words, the key to judge whether it is technical is to analyze whether the scheme to solve the corresponding problems and achieve the corresponding effects is based on technical constraints (that is, scientific laws), and to construct the overall scheme according to technical constraints. Q: How to judge the technical scheme involving computer external object processing? A: An application for a patent for invention involving an algorithm can control or handle internal or external objects of a computer system. When it comes to dealing with external objects of computer systems, if the improvement of the algorithm is to solve specific technical problems in specific technical fields, then the following points should be paid attention to when writing claims: First, it reflects the specific technical fields of its application; Secondly, how the algorithm is combined with the technical field of its application is described in detail in the claim, and the parameters involved in the algorithm should also reflect the physical significance of the application in this technical field, so that the overall solution of the claim is no longer a simple numerical operation problem, but a technical problem in the specific application field. Q: What are the situations in which an application for a patent for invention involving an algorithm can be classified? Answer: Simple algorithms or calculation rules belong to the rules and methods of intellectual activities because they only involve the use of computer programs for numerical operations, and patent rights cannot be granted. If the combination of algorithm and general-purpose computer can show that it improves the internal performance of computer system, it belongs to the object of patent protection, and the characteristics of algorithm have become a technical means, which needs to be considered when judging novelty and creativity. If only the operation of an algorithm on a general-purpose computer is involved, in this case, the claim contains a general-purpose computer capable of mathematical operation, which is usually rejected as a rule and method of pure intellectual activity. However, because the improvement of the algorithm itself is only the adjustment and change of the algorithm rules, it does not make technical contribution to the technical scheme of the claim, so it is not helpful for the scheme of the claim to meet the creative requirements. The algorithm is combined with specific technical fields. If the algorithm involves the processing of external data, and the improvement of the algorithm is to solve specific technical problems in a specific technical field, it should be noted that how the algorithm is combined with its application technical field should be described in detail in the claim, and the parameters involved in the algorithm should also reflect the physical meaning of the application in the technical field, so that the overall solution is no longer a numerical operation problem, but a technical problem in a specific application field. If the subject of the claim only reflects the technical field of application, but the characteristic part is still a general algorithm, it does not meet the writing requirements.