If the invention patent application only involves the computer program itself or is only a computer program recorded on a carrier, then the program itself, no matter what form it appears in, falls within the rules and regulations of intellectual activities. Methods cannot be patented and therefore cannot be patented. If a claim involving a computer program contains both rules and methods of intellectual activity and technical features in all the content that defines it, the claim as a whole is not a rule of intellectual activity. and methods, the possibility of obtaining patent rights should not be excluded based on Article 25 of the Patent Law.
Legal Basis
Article 2 of the Patent Law of the People’s Republic of China: Appearance design refers to the shape, pattern or combination of the product, as well as the color, shape, and pattern. The combination creates a new design that is aesthetically pleasing and suitable for industrial applications. It can be seen that a design patent should meet the following requirements: (1) It refers to the design of shape, pattern, color or their combination; (2) It must be a design for the appearance of the product; (3) It must be aesthetically pleasing; (4) It must be It is suitable for industrial applications.
Article 22 of the "Patent Law of the People's Republic of China" Inventions and utility models for which patent rights are granted shall possess novelty, creativity and practicality. Novelty means that the invention or utility model does not belong to the existing technology; no unit or individual has applied to the patent administration department of the State Council for the same invention or utility model before the application date, and it is recorded that it was published after the application date. In patent application documents or published patent documents. Creativity means that compared with the existing technology, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. Practicality means that the invention or utility model can be manufactured or used and can produce positive effects. The term "existing technology" as used in this Law refers to technology that is known to the public at home and abroad before the filing date.