Research On Claims Of Invention Patents Involving Computer Programs

The essence of an invention involving a computer program is a program flow,which is expressed as a method step in form,which can be protected by writing an invention patent by writing a method claim.However,only writing method claims,unlawful manufacturing,sales and other infringements will lead to the ineffective protection of innovations involving computer programs.To this end,the "Patent Examination Guide" has successively introduced three product categories of virtual device,software and hardware,and storage media claims,but it has also caused industry disputes on the actual protection of product claims.At the same time,the diversified claims also raise many new issues,including how to identify the object attributes of computer programs involved in disease diagnosis and treatment methods,how to identify functional characteristics,and challenges to the type of patent protection.Moreover,the existing types of claims still cannot protect computer programs in essence.Therefore,it is very urgent and necessary to study the claims of invention patents involving computer programs.First,from the perspective of the impact of multiple claims of invention patents involving computer programs on object attributes,multiple claims do not change the attributes of objects.Multiple patent claims of the same program flow belong to the same patent object.The essence of the invention involving the computer program can be regarded as both a method and an intangible product under different observation dimensions.Secondly,regarding the challenge of patent law to the multiple claims of invention patents involving computer programs,it should be considered that computer programs involving disease diagnosis and treatment methods are patentable objects,and inventions involving computer programs should not be protected by utility model patents and virtual devices The functional expression in the class claims is essentially a program feature.Finally,reasonable claims should be made for claims of invention patents involving computer programs,including that multiple claims do not create new objects,that computer programs related to disease diagnosis and treatment methods have undergone substantial changes,and that reasonable review standards for utility models containing computer programs,And the functions in the virtual device claims should not be considered asfunctional features.In addition,the types of invention patent claims involving computer programs should be further improved,intangible product claims should be added,with computer program products as the theme and process steps as the technical features,for expressing the essence of the object of invention patents involving computer programs.