Last year, we looked at the patentability of blockchain
inventions in Europe and China, noting the differences and
similarities between how these cases are handled in the two
jurisdictions. However, blockchain inventions account for only a
small fraction of software inventions, which are often also
referred to as computer-implemented inventions. This year, we take
a look at the broader field of software inventions and consider the
tests that may be applied to determine whether or not a software
invention is patentable.
At first glance, the chances of obtaining a patent for a
software innovation in Europe or China do not seem to be all that
promising. Both jurisdictions exclude computer programs from
patentability as such. However, those two little words – as
such – go a long way.
