Issues and Tips Relating to Software-Related Inventions to Be Patented in China

(Author:Yuyue ZHANG; Source: Lung Tin)

Most countries place some limits on the patenting of invention involving software, but there is no legal definition of a software patent. This short article focuses on the patent eligibility of software-related inventions and certain limitations on patenting these inventions in China.

 

. Patent Eligibility

The first issue is whether a software-patent should be allowed, and if so, where the boundary should lie. Like in the U.S. where an abstract idea is non-statutory subject matter, Chinese Patent Law, in . . .

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