Introduction And Interpretation Of The Revisions To The "Patent Examination Guidelines" (2023) Concerning Computer Program Inventions

The newly revised "Patent Examination Guidelines" (2023) came into effect on January 20, 2024. Below is an introduction and interpretation of the main revisions to the examination of patent applications involving computer programs, as detailed in Part II, Chapter IX of the "Patent Examination Guidelines".

1. Clarification on the Eligibility of Computer Program Products as Subject Matter in Claims (Section 5.2, Part II, Chapter IX)

The revised guidelines explicitly allow computer program products to be the subject matter of claims. The claims of a patent application involving a computer program can be drafted as method claims or product claims, such as devices that implement the method, computer-readable storage media, or computer program products. The guidelines further clarify that computer program products should be understood as software products whose solutions are primarily realized through computer programs.