On 1 July 2021 the Taiwan Mental Property Workplace’s (TIPO) revisions of the patent examination tips on laptop software-related innovations got here into impact. These purpose to handle modifications within the tech panorama and encourage innovation, particularly with regard to AI and Huge Information. The rules are designed to make the examination of software program patent functions in keeping with that of different patent functions.
The revisions purpose to:
- specify the forms of laptop software-related innovations that adjust to the invention definition prescribed in Article 21 of the Patent Act;
- define the components that decide the ingenious step; and
- prescribe that AI innovations are topic to statutory exclusion underneath Article 24 of the Patent Act.
In line with Article 21 of the Patent Act, an ‘invention’ is outlined because the creation of a technical concept, which makes use of the legal guidelines of nature. The actions of laptop software-related innovations that adjust to this definition embody:
- controlling a machine or a course of that accompanies the management of the machine; and
- computing or processing information/data, which demonstrates the technical properties of an object.
Examples of the primary scenario embody controlling a machine to carry out particular acts or finishing up the built-in management of a system that includes a number of linked machines. Examples of the second embody a program in a pc to forestall automotive accidents, which processes information on car and acceleration pace and the speeds of close by autos to hold out its operate.
Nevertheless, a pc software-related invention is considered failing to utilise the legislation of nature and doesn’t adjust to the which means of ‘invention’ if it presents:
- a synthetic association (eg, program language);
- a synthetic rule or technique (eg, for enjoying or train, or an financial rule, amongst different issues);
- a mathematical method or technique;
- human psychological exercise (eg, drafting authorized paperwork); and
- practising a enterprise technique, which makes use of the abovementioned factors.
In lots of circumstances, a pc software-related invention is just data disclosure by the use of a consumer interface and is designed to enchantment to customers and make operations simpler. This won’t be considered a technical concept and subsequently fails to adjust to the definition of an invention.
In some circumstances, if a pc software-related invention builds a specific machine or technique to course of data, then the machine executing a program for this data processing, the tactic for the data processing and the computer-readable media that shops this system all adjust to the definition of an invention.
A pc software-related invention utilises a program, synthetic neural community or AI to execute a technique for processing data associated to medical remedy, which pertains to diagnostic, therapeutic and surgical strategies for the remedy of people or animals, then the tactic invention will not be considered acceptable subject material and won’t be permitted for an invention patent.
In terms of the official examination, if the examiner believes that the claimed invention doesn’t adjust to the parameters of an invention, they might problem an workplace motion, which offers the explanations for the objection and proposes amendments. The components figuring out ingenious step are inserted within the patent examination tips on laptop software-related innovations.
It’s believed that the newly revised patent examination tips will make the examination customary for patent functions clearer and extra constant.