Can computer software apply for an invention patent? What materials are needed?
Can computer software apply for an invention patent? What materials are needed? We know that computer software generally applies for software copyright registration, but some people will ask whether computer software can apply for a patent? This problem will be explained in different situations. Let's give you a detailed introduction. 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, patent law protects creative methods and 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 affix the official seal of the applicant) 2 Copy of business license (affix the official seal) 3 Description document (maximum 60 pages, with page numbers) 4 Program (i.e. print source code, maximum 60 pages, with page numbers) Material requirements: The identification materials of the program and document should be 30 pages in front of the source program and any document, if the whole program and document are few. 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 should be arranged in the order of 1234. Don't bind it, clamp it and 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. The names of the software in the document should be uniform. Can computer software apply for an invention patent? What materials are needed? We are here to answer this question for you. If you want to apply for a computer software patent, please contact our online customer service or call Bajie Intellectual Property National Free Service Hotline. We have many years of professional intellectual property agency experience, first-class business team and the concept of serving customers wholeheartedly, which will definitely help you apply smoothly.