Can computer applications be patented in 2023?

In practice, many people will invent and create something new, and they will apply for patent protection. A patent is a protected and exclusive right owned by the originator of an invention. Nowadays, almost everyone in our lives has a computer, so can the applications in the computer be patented? Next, the editor of Legal Savior Network will answer your question.

1. Whether computer applications can be patented

Characteristics of the computer program itself It determines that the legal protection forms of computer programs are diverse, such as copyright law, Patent law, trademark law, civil code, trade secret law, etc. Also because of the complexity of legal protection of computer programs, patent protection of computer programs can make up for the lack of copyright protection. However, the Patent Law stipulates that the rules and methods of intellectual activities cannot be patented. Computer applications are usually always associated with mathematical algorithms, but they are not pure mathematical methods and mathematical algorithms, but are included in a complete technical solution, which uses some mathematical methods or mathematical algorithms to solve the technical solution. certain technical problems and produce technical effects.

This means that for an invention-creation patent application containing a computer program to be granted patent protection, there are two necessary conditions: First, it must be able to produce technical effects ; Second, it must be able to form a complete technical solution. In short, my country’s patent law does not clearly stipulate that computer applications cannot be granted patent protection.

2. What are the conditions for granting a patent?

(1) Formal conditions

Inventions and creations requiring the grant of patent rights shall be governed by the patent law and The format specified in its implementation rules shall be recorded in writing on the patent application documents, and various necessary procedures shall be performed in accordance with legal procedures. If the documents or procedures do not meet the requirements, they must be corrected within the time limit specified by law or designated by the Patent Office. If they still do not meet the requirements after corrections, the Patent Office will reject it.

(2) Substantive conditions

The Patent Law stipulates that the invention and utility for which the patent right is granted shall New models should be novel, creative and practical.

1. Novelty.

(1) Before the application is submitted to the patent office, the same invention has not been published in domestic or foreign publications. Publications here include not only books, newspapers, magazines and other paper materials, but also audio and video materials such as audio tapes, video tapes and records.

(2) It has not been publicly used in China or otherwise known to the public. The so-called publicly used means that it is sold in the form of goods or disseminated and applied through technical exchanges, or even made known to the public through television and radio.

(3) Before the filing date of the application, no other person has applied for the same invention or utility model to the Patent Office, and the patent is recorded in the patent published later. in the application documents.

2. Creativity

Compared with the existing technology before the date of application submission, the patent application shall The invention has outstanding substantive features and significant progress.

3. Practicality

The invention and creation for which the patent is applied for can be used in industry, agriculture and other fields. Mass manufacturing in industry production may be applied in industry or life, and can produce positive effects.

From the above editor’s answer, we can know that applying for a patent is not unconditional, and it must meet the conditions before the application can be successful. For computer applications, my country’s patent law There is no clear provision that he cannot grant patent protection. If you have more questions, you are welcome to consult the lawyers on this website to provide you with professional legal answers. I wish you all a happy life.