Software Protection in Korea Ways to protect software-related inventions –Software Patent –Computer Program Copyright –Trade Secret –Confidentiality Contract

Revised Guidelines for Examination of Computer-Related Inventions Substantially similar to U.S. Guidelines –Apply to applications filed August 1, 1998 or later

Non-Statutory Subject Matter Data structure not recorded on a medium Computer program listing –e.g. computer program for storing patient record and printing medical bill Mere presentation of information –e.g. medium for storing library administration data Pure mathematical algorithms –e.g. conversion of BCD to binary Natual phenomena

Computer-Readable Media Claims Allow claims to computer-readable medium –A computer-readable storage medium which contains a program for causing a computer to perform steps A, B, C –A computer-readable storage medium which contain a program for causing a computer to operate as means A, B, C –A computer-readable storage medium which contains a program for causing a computer to realize functions A, B, C –A computer-readable storage medium which contains data organized itno structure A, B, C

Statutory Subject Matter Product Claim –Any (general) machine for performing an underlying process If the underlying process is statutory, then the machine is statutory –A specific machine or an article of manufacture Specific utility in the relevant technical field Process Claim –Physical transformation outside a computer –Practical application claimed by claim wording

Physical Transformation Outside a Computer Pre-computer (independent) process activity –e.g. A method of using a computer processor to analyze electrical signals and data, representative of huma cardiac activity, by converting the signals to time semgnets, applying the time segments in reverse order to a high-pass filter means, using the computer processor to determine the amplitude of the high-pass filter’s output, and using the computer processor to compare the value to a predetermined value.

Physical Transforamtion Outside a Computer Post-computer (significant) process activity –e.g. A method of controlling a mechanical robot which relies on storing data in a computer that represents various types of mechanical movemetns of the robot, using a computer processor to calculate positioning of the robot in relation to given tasks to be performed by the robot, and controlling the robot’s movement and position based on the calculated position

Computer Processes Limited to a Practical Application –E.g. A computerized method of optimally controlling transfer, storage and retrieval of data between ache and hard disk storage devices such that the most frequencly used data is readily available. –E.g. A digital filter process for removing noise from a digital signal, comprising the steps of calculating a mathematical algorithm to produce a correction signal, and subtracting the correction signal from the digital signal to remove the noise.

Means-Plus-Function Claim Covers the structure disclosed in the specification and its equivalents –e.g. A computer-readable ROM containing a program for facilitating word processing, comprising: means for dtermining beginning and ending positons of characters to be displayed; means for determining colors of the characters to be displyed; and means for displaying the characters on a screen.

Interpretation of Means-Plus- Function Claim A data processing system for managing a financial services configuration of a portfolio established as a partnership, each partner being one of a plurality of funds, comprising: –computer processor means [a personal comptuer including a CPU] for processing data; –storage means [a data disk] for storing data on a storage medium; –first means [an arithmetic logic circuit configured to prepare the data disk to magnetically store selected data] for initializing the storage medium

Inventive Step Determination Person with ordinary skill in the art is expected –to have common knowledge of the applied and computer arts –to use ordinary research and development tools –to exercise ordinary creative ability such as design modification –to be able to comprehend the state of the art in the related technical fields

Inventive Step Determiantion Person with ordinary skill in the art is expected –to apply a procedure or means of the computer- related invention of one field to another field to realize the same function and operation e.g. “file retrieval system” to “medical retrieval system” –to implement functions which are performed by hardware by means of software e.g. to replace a code comparison circuit with software having a code comparison function

Inventive Step Determination Examples of mere effects, predictable from knowledge of the state of the art –e.g. “can be processed quickly” –e.g. “can be processed large amount of data” –e.g. “can minimize erros” –e.g. “can obtain uniform results”

Disclosure Requirements Examples Not Meeting Disclosure Requrieemnts –e.g. when technical terms, abbreviations, symbols, etc. not commonly used are unlear in meaning –e.g. when technical procedures or functions are described only in an abstract manner –e.g. when it is unclear how the hard and softwre implementing the function of an invention is constructed from the functional block diagram or the flow chart –e.g. when the relationship between the function and the flow is unclear

Software Patent Practice Tips Submission of program listing not required Flow charts recommended Include statement stating specific utility Means-plus-function allowed Add claims to computer readable medium Add claims to deal with client-server environment Object-oriented programming technology