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

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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