Research On The Patent Creation Of Algorithm Application

With the progress of society and the development of science and technology,the field of communication has developed rapidly in the past 30 years.From the first generation mobile communication technology to the fifth generation mobile communication technology,the R&D capability of the telecommunication enterprises in China is constantly increasing,the awareness of patent protection is also increasing,and the number of patent applications is increasing year by year.Patents have become a great weapon to protect the core technology in the field of communications,maintain the leading edge of the industry and occupy the domestic and foreign markets.Today,with the integration of global protection,owning core patents means occupying a dominant position in the market competition.In the field of communication and Internet technology,a large number of technological innovations can be realized by algorithm improvement of software to promote the performance of hardware devices.Algorithms are applied to channel coding,image enhancement,speech recognition,information security,search engines and so on.Therefore,enterprises would like to apply for algorithm patents to protect the core technology of the industry,the number of applications is increasing year by year.However,at present,the authorization rate of such applications has been at low level as a whole,and the mathematical algorithms and computer programs involved may be excluded from the scope of patent authorization.Therefore,this paper takes the particularity of algorithm patents as the breakthrough point,and analyzes the unauthorized algorithm patent texts.Through statistical analysis,this paper finds out the main reasons for the rejection of algorithm patent applications.This paper studies and analyzes the examination provisions and precedents of Europe,the United States and Japan in the aspects about patent objects,creativity and functional limitations of algorithm patents,comparing the examination provisions of China Patent Law and Patent Examine Guid.Examples are given to discuss the criteria for examining patent applications involving algorithms and give some suggestions.It is proposed that the algorithm should be used in a specific technical field,whether the algorithm has a different relationship with computer systems to determine whether it belongs to the objects of patent protection.When judging the creativity of patent applications,we should determine the nearest existing technology from the conception of invention,compare the whole technical scheme with the existing technology,judge the technicality before considering the technical revelation when distinguishing the technical characteristic as the algorithm,and give some suggestions on how to examine and write the product claim which is limited by the function of the algorithm patent application.It is hoped that the proportion of patent applications for algorithms can be increased and the application for algorithms can be protected steadily,the actual interests of applicants can be effectively safeguarded,thus the innovative power of inventors can be stimulated,the patent transaction and operation market can be steadily promoted,and the communication and Internet industries can be promoted to flourish.