China E-ventions
Selected Software-Related Invention Patents
Vol. 1 , No. 1 - September 14, 2001
Welcome to China E-ventions. Keeping up with technology is difficult enough, but learning about new trends in patent examination methods and policies in different countries is a monumental task. One area of keen interest these days involves a particular classification of patent that goes by many names: business method patent, Internet patent, software patent, and so on - in China, "software-related invention patents". To be clear, many of these names have distinct definitions in certain jurisdictions; however, their similarity has caused great confusion for international practitioners.
The purpose of this newsletter is to provide the foreign patent practitioner with a regular snapshot of how China's State Intellectual Property Office (SIPO) is approaching these kinds of inventions. With this first edition, we will begin with a short introduction to the relevant China law provisions, followed by a list of selected patents published by SIPO. Future editions will also include updates on China patent legislation and significant cases.
Business Method Patents
Discussions of these kinds of patents often begin with "business method" patents in the United States. A business method patent is at the same time identical and radically different from other patents. In jurisdictions where business method patents are recognized (e.g., U.S., Japan, South Korea, EU), the filing procedure may be the same as with invention patents. However, the subject matter of a business method patent relates specifically to a method of doing business, which is at odds with the traditional "hardware" notion that one invents an engineered "thing". Perhaps the most perplexing aspect of business method patents is that there is no concrete definition of what they are.
Business method patents emerged with the proliferation of patents for computer software in the United States, because in most cases, business methods involve computers and, in particular, Internet-related applications. In the U.S. 1998 ruling in State Street Bank v. Signature Financial Group, the court of Appeals for the Federal Circuit concluded that methods of doing business implemented through the use of a computer are eligible for patent protection.
One definition that exists can be found in U.S. statutory law. According to the U.S. Business Method Patent Improvements Act of 2000, a "business method" refers to: 1) a method of: (a) administering, managing, or otherwise operating an enterprise or organization, including a technique used in doing or conducting business; or (b) processing financial data; (2) any technique used in athletics, instruction, or personal skills; and (3) any computer-assisted implementation of a systematic means described [in (1)] or a technique described in [(2)]. The term "business method invention" is defined as "(1) any invention which is a business method (including any software or other apparatus); and (2) any invention which is comprised of any claim that is a business method".
Business method patents have been filed extensively by inventors and companies in the information technology sector. These innovations usually combine software with a business method and relate to provision of services or sales of products over the Internet; the patents are therefore sometimes referred to as Internet patents. Famous examples of these Internet patents include "one-click shopping" or "reverse bidding". Early filers of these patents have been able to shut down or discourage others from using these methods online, although in some jurisdictions such as the U.S., there has been a great deal of criticism that many of the granted patents were obvious Internet innovations that should not be granted exclusive protection.
At the present time, SIPO has not recognized business method patents. According to Article 25 of the China Patent Law, the following may not be granted a patent right:
(1) scientific discoveries;
(2) rules and methods for mental activities;
(3) methods for diagnosis or for the treatment of diseases;
(4) animal and plant varieties;
(5) substances obtained by means of nuclear transformation.
In the guidelines for examination, it is expressly indicated that method and system of organization, business implementation, and finance management belong to rules and methods for mental activities, and therefore cannot be patented. Inventions for business methods are most commonly implemented with computers these days, such as U.S patent No. 5235507 for:
Data processing for a health insurance management system, which verifies the insurance status of the claimant, identifies the appropriate insurance policy, calculates the amount to be paid to the health care provider, pays the provider, calculates the payment required by the claimant, if any, and debits the account of the claimant in the amount required. A claim may be processed under more than one policy where appropriate. The system can handle both individual and family insurance policies.
Such business method inventions implemented by computers may be treated like software-related inventions and therefore be potentially eligible for patent protection.
Software-related Inventions
Theoretically speaking, if a process or device including a computer program can achieve technical effects and produce an integrated technical solution, then the software-related invention is eligible for patent protection. More specifically, if the software (computer program) is installed into an existing general purpose computer, the result of which is to allow the computer to implement a specific function, such as controlling the process of an automatic technical treatment or conducting measuring or testing, such a software-related method should not be excluded from the scope of patent protection. Therefore, computer software used on computers or other equipment that achieves a technical effect is eligible for patent protection.
SIPO examination guidelines stipulate that the following four kinds of software-related invention can be granted patents if they possess novelty and inventiveness as set forth in the China Patent Law:
invention relating to controlling process of an automatic technical treatment;
invention relating to improvement to the internal performance of computer;
invention relating to measurement or testing process;
invention relating to Chinese Character inputting method.
With regard to the invention relating to the method for inputting Chinese Characters, for example, the coding method for Chinese Characters itself as a rule and method of a mental activity cannot be eligible for patent protection. When combining the coding method for Chinese Characters with a given keyboard used for such method, it will result in a computer Chinese character inputting method or a computer Chinese character processing method. Such a computer Chinese character inputting method or processing method constitutes a complete technical solution with a technical effect, which renders them eligible for patent protection. For example, Chinese Patent CN 1249549 relates to a coding system for input of Chinese characters via traditional computer keyboard. Chinese Patent CN 1251436 relates to a coding method for Chinese Character input on a computer. Thus the eligibility of software for patent protection depends on the function of the software and, of course, the drafting of the application.
With the rapid development in technology and e-commerce and the economic and political strides made with regard to China's entry into the World Trade Organization (WTO), SIPO has taken active steps to revise its intellectual property laws and regulations to adapt to international trends. Any invention-creation promoting the development and innovation of science and technology will be taken into consideration. We hope that this newsletter will inform our foreign colleagues as to how China is dealing with this cutting-edge intellectual property issue.
List of Recent Software-related Invention Patents Published in China
Application Number: 00100257
Publication Number: 1264091
Application Date: 00.01.12
Publication Date: 00.08.23
Title: Global tracking system for inquiry, discrimination and protection of commodities and trademarks over Internet
IPC No.: G06F 17/60; G06F 15/16
Applicant(s) Name: Wu Anwei
Inventor(s) Name: Liu Songwang; Yang Xintao; Wu Anwei
Legal Status: Publication
Abstract: An antiforge global tracking system for inquiry, discrimination and protection of commodities and trademarks over Internet is composed of the serial number and cipher array generation system, Internet cipher check system, Internet data warehouse, and Internet inquiry system. It features that each commodity has a cipher and serial number and said system has a database for storing the ciphers of each sold commodity or inquired ones and a inquiry device.
Application Number: 00100586
Publication Number: 1260540
Application Date: 00.01.26
Publication Date: 00.07.19
Title: Method for presetting real name Internet website
IPC No.: G06F 15/16; G06F 17/30
Applicant(s) Name: Shu Dongfeng
Inventor(s) Name: Shu Dongfeng
Legal Status: Publication
Abstract: The present invention provides a method for presetting real name interconnection network station. Said method requires members of said network to adopt their real names, and the personal network pages in the network station can be arranged orderly according to the regularity approved by society. Said network can make members conveniently make contact and exchange between them by means of interconnection network, and can easily find out required person or other information, at the same time it is favorable for reasonable employment of qualified personnel.
Application Number: 00102822
Publication Number: 1264084
Application Date: 00.03.20
Publication Date: 00.08.23
TItle: Information interactive multi-language translation method
IPC No.: G06F 15/16; G06F 17/28
Applicant(s) Name: Niu Zenong
Inventor(s) Name: Niu Zenong; Niu Zequn
Legal Status: Publication
Abstract: An information interactive multi-language translation method includes such steps as classifying information by standard, converting each frequently used attribute for each class of information to sentence, translating the sentences and language associated phrase into needed language, storing to computer, selecting sentences to combine them into a complete information when information is input while defining target language, and sequentially arranging and displaying the target language of each sentences by computer to obtain correct information contents. The direct information translation between different languages can be realized by computer over Internet. Its advantage is absolute correctness.
Application Number: 00104246
Publication Number: 1268699
Application Date: 00.04.17
Publication Date: 00.10.04
TItle: On-network inquiry anti-false technology
IPC No.: G06F 15/16; G06F 17/60
Applicant(s)Name: Qiang Cengbei
Inventor(s) Name: Qiang Cengbei
Legal Status: Publication
Abstract: Anti-counterfeit technique on net is composed of Internet, anti-counterfeit code inquiry database, inquired net play computer and inquiry net play equipment, the code information is transmitted to inquired net play computer supported by anti-counterfeit inquiry database through Internet to check whether the commodity is true or false.
Application Number: 00105053
Publication Number: 1267865
Application Date: 00.04.11
Publication Date: 00.09.27
Title: Network electronic certificate
IPC No.: G06F 17/00
Applicant(s) Name: Gong Zhihong
Inventor(s) Name: Gong Zhihong
Legal Status: Publication
Abstract: The present invention discloses one kind of electronic certificate for inspecting the truth of original certificate and features that original graphic information and inspection information are stored in central computer network base and the inspector links the computer with the base via Internet to inspect certificate. The original graphic information includes the image of original certificate and the image of carried card, which has the domain name and IP address of the central computer network base, user's number and certificate number. The present invention is easy to use, fast, safe and reliable.
Application Number: 00105558
Publication Number: 1267028
Application Date: 00.03.31
Publication Date: 00.09.20
Title: Method for creating domain name directory site with dictionary structure and method for providing special services.
IPC No.: G06F 17/00
Applicant(s)Name: Lu Huibin
Inventor(s) Name: Lu Huibin
Legal Status: Publication
Abstract: A method for creating domain name directory site with dictionary structure and the method for providing special services technically feature that after the domain names registered in Internet are recorded and translated, they are edited into directory by dictionary structure and stored in network site, so even non-professional user can understand the domain name board and click it to directly access the destination site.
Application Number: 00112247
Publication Number: 1269548
Application Date: 00.04.30
Publication Date: 00.10.11
Title: Internet anti-forgery
IPC No.: G06F 15/16; G06F 17/30; G06K 5/00
Applicant(s) Name: Zhu Qing
Inventor(s) Name: Zhu Qing
Legal Status: Publication
Abstract: The Internet antifalse technology is characterized by that user can utilize INTERNET to come into inquiry network page, input characteristics information of commodity and utilize INTERNET and data base technology to make antifalse inquiry and can obtain feedback information. Said invention possess extensive application range
Application Number: 96111398
Publication Number: 1175743
Application Date: 96.09.03
Publication Date: 98.03.11
Title: CAD for book, newspapers, and periodicals, and publishing method and its system on Internet
IPC No.: G06F 17/21
Applicant(s)Name: Yin Bujiu
Inventor(s) Name: Yin Bujiu
Legal Status: Granted patent
Abstract: A CAD and networking publishing method for book and newspaper and its system are disclosed. A CAD for editor and automatic make-up platform is designed. When editor asks the system platform to edit, it can automatically execute layout design and typesetting. A new F (contents), V (style) and S (format) structure is designed also. When F, V and S are downloaded over network, high-precision networking publication is created immediately. Said system is an ideal publishing tool over Internet.
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