Intellectual Property: Patent Eligible Subject Matter Prof. Peng

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Presentation transcript:

Intellectual Property: Patent Eligible Subject Matter Prof. Peng

Vocabulary Patent Eligibility =Patentable Subject Matter  Whether one kind of technology is eligible for patent protection First step to determine patentability  Patentability- whether a technical solution can be protected by patent law

Article 25 of Patent Act For any of the following, no patent right shall be granted: (1) scientific discoveries; (2) rules and methods for mental activities; (3) methods for the diagnosis or for the treatment of diseases; (4) animal and plant varieties; (5) substances obtained by means of nuclear transformation; and

Article 25 (continued) (6) the design, which is used primarily for the identification of pattern, color or the combination of the two on printed flat works. For processes used in producing products referred to in item (4) of the preceding paragraph, a patent may be granted in accordance with the provisions of this Law.

Ineligible Subject Matter: 1984 Patent Law Scientific discovery; Rules of mental activity; Methods for the prevention and treatment of diseases; Food, beverages and dressings; Pharmaceuticals and substances obtained by chemical process; Animal and plant varieties; and Substances obtained through nucleus exchange.

Ineligible Subject Matter: 1992 Patent Law Chemicals and pharmaceuticals were removed from the list of unpatentable subject matter.

Thoughts, comments, and questions?

Software --China Patent Eligibility Standard In some countries– whether it has hardware features in it. China: Whether it is technical  the software is considered as a whole as a solution to a problem. If the solution is regarded as technical, the claim claims a patentable subject matter.

“Technical” Examination Guidelines (SIPO)  if a solution involves the execution of computer programs in order to solve technical problems, and uses technical means in conformity with the laws of nature and achieves technical effects in conformity with the laws of nature, it is a technical solution.

Conformity with the Laws of Nature If the solution in the claim is based on man made rules rather than a law of nature, It is not conformity with the laws of nature Unpatentable  even if the claim includes hardware features…..

Examples of Patentable and Unpatentable Software Unpatentable  computer algorithms to choose insurance products for instance Patentable  Software controllers for oil refineries software controllers were developed using identification techniques that measured the response of the processes to measured disturbances - which were responding to laws of nature.