Can I apply for an invention patent for software?

Can computer software apply for an invention patent? Just computer software, which belongs to the rules and methods of human intellectual activities, cannot be granted a patent right according to Article 25, paragraph 1 (2) of the Patent Law. However, if the invention involving computer software is to solve the problems raised by the invention, and the solution is based on the computer program processing flow in whole or in part, you can apply for an invention patent.

Patent law has three obvious advantages in protecting computer software:

First, the patent law protects the creative methods of computer software and the unique source code of computer software.

Second, the degree of protection is high. Once a computer software is granted a patent right, it will be considered an infringement for other computer software developers to develop computer software with the same or similar expression or idea as the patented software.

Third, the term of patent protection for computer software is reasonable. Patent law protects inventions for 20 years, which is obviously lower than the international common practice of copyright law; ; Adding 50 years before the author's death (Berne Convention) or 25 years after his death (universal copyright convention) is close to the actual economic life of computer software, which is conducive to promoting scientific progress.

What materials do computer software need to apply for an invention patent?

1 software application form (register a new user name in official website, China Copyright Protection Center, register and print online, and the applicant will affix his official seal).

Copy of business license (with official seal)

3. Description document (maximum 60 pages, indicating page number)

4 Program (i.e. source code printing, with a maximum of 60 pages, indicating page numbers) Material requirements: The identification materials of programs and documents shall consist of 30 consecutive pages in front and 30 consecutive pages in back of the source code and any document, and shall not be more than or less than 60 pages.

If the whole program and document are less than 60 pages, the whole source program and document should be submitted. Except in special circumstances, the program has no less than 50 lines per page and the document has no less than 30 lines per page.

Remarks:

1 The four materials needed are arranged in the order of 1234 above. Don't bind it, clamp it, and then send it to copyright registration Hall for processing. If the materials fail the preliminary examination, call back. The scarlet letter is the explanation. Please be sure to prepare according to the provisions of the scarlet letter.

2. Keep the software names in the document uniform.