[FYI] JP: Revision of the Examination Guidelines for Computer Software-related Inventions

["Axel H Horns" <horns@ipjur.com>]

http://www.jpo-miti.go.jp/saikine/tt1301-008.htm

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Revision of the Examination Guidelines for Computer Software-related 
Inventions  

January, 2001 Japan Patent Office  

The Japan Patent Office (JPO) released the final version of the 
revised "Examination Guidelines for Computer Software-related 
Inventions"(*Note) on December 28, 2000 on the JPO Website. The said 
Examination Guidelines were finally made after paying due 
consideration to the public comments on the draft revised Examination 
Guidelines invited through the Internet.  

The parts of the said Examination Guidelines regarding the "computer 
program claim(s)" are applied to the applications filed on or after 
January 10, 2001.  

The said Examination Guidelines constitutes the "Examination 
Guidelines for Patent and Utility Model" (*Note) which was also 
revised and released at the same time.  

[*Note: English texts of the final version of the revised 
"Examination Guidelines for Computer Software-related Inventions" and 
"Examination Guidelines for Patent and Utility Model" are still under 
preparation and are not currently available.]  

[Reference]  

1.Background for the revision of the Examination Guidelines The 
recent rapid progress and spread of the Information-Technology(IT) 
represented by the Internet has greatly increased the following 
necessity: (1) to clarify the examination standards for "Business 
method-related inventions" utilizing the Information Technology (IT); 
and (2) to adequately protect the software-related Inventions where, 
in addition to a computer-readable medium such as CD-ROMs, a computer 
network system has been emerging as a tool for distributing a 
computer program. 2. Points of the revised Examination Guidelines (1) 
"A computer program" which specifies a multiple of functions 
performed by a computer can be defined as "a product invention". (2) 
When information processing by software is concretely realized by 
using hardware resources, the said software is deemed to be "a 
statutory invention" prescribed in the Patent Law. (3) Examples for 
determining the inventive step of the business method-related 
Inventions are increased. Further, it is clarified that the claimed 
invention has no inventive step when the said claimed invention is 
the exercise of ordinary creative activity of a person skilled in the 
art who has knowledge both of the said business field and computer 
technology. [The above (1)(2) are applied to the applications filed 
on or after January 10, 2001.]  

[CONTACTS] Examination Standards Office Japan Patent Office TEL: +81-
3-3581-1101 ext.3113 Address: PA2A12@jpo.go.jp  

[Last updated 9 January 2001]  

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