copyright 1996, 1997, 1998 Donald M. Cameron
|
China |
|
| copyright 1996, 1997, 1998 Donald M. Cameron |
||
Contents
Software-Related Patents:
Article 25(2) of the Chinese Patent Law provides that no patent rights shall be granted for rules and methods for mental activities. However, an inventions using computer software, even if the software forms a major part of the invention, may be patentable if it provides a technical solution.
The Patent Office of the People's Republic of China has issued guidelines on patent examination. While programs are not patentable as such, combinations of hardware and software that, as a whole, improve on the prior are and constitute a complete technical solution may be patentable.
There is no case law that deals specifically with the patentability of software.
Other Resources
See the Home Page of China Sinda Intellectual Property Limited.
Return to:
Cameron's IT Law : Home Page ; Index
Cameron's Canadian Patent & Trade Secrets Law : Home Page ; Index