Study In The Documents Of Invention Applications Relating To Computer Programs For Their Composition Characteristics

As the field of computer program is special, some provisions on examination of invention applications relating to computer program are also special. In addition to abide by the common provisions of examination, we also should abide by the special provisions on examination of invention applications relating to computer programs in the Partâ…¡Chart 1 of GUIDELINES FOR EXAMINATION. Although we have these special provisions, we still find many controversial cases which are examined by the Patent Office of the State Intellectual Property Office(hereinafter the"Patent office")and the Patent Reexamination Board. Especially on the understanding of the provisions on the technical features in invention applications relating to computer programs,the two examining office often have different opinion on many cases in this field. There are two reason for this phenomena, one is the misunderstanding of the technical features by the examining office, the other is the missing of the composition characteristic of the application documents in this field.This paper include two positive cases for discussion, and in discussion of each positive process the author also include other two negative cases to support my views. In the first positive case , I study the difference between its original and modified application documents and the different opinion between the two examining office,then I discuss how to distinguish the cases of rules and methods for mental activities from others and the three elements of technical feature in invention applications relating to computer programs which include technical problem, technical method, technical result. In the second positive case, I also study the difference between its original and modified application documents and the different opinion between the two examining office,then I discuss the different concept between management method for business and rules and methods for mental activities and the same contents in technical feature and the three main feature in substantive examination which include practical applicability, novelty and inventive step.The paper provides some materials aforementioned, expecting to bring some references and to propose some feasible solutions in legal practice.