A New Era For Software Patents In China

Law360, New York (May 25, 2017, 11:55 AM EDT) -- At a time when the United States is pulling back on the patentability of software inventions, China is moving in the opposite direction by opening up new possibilities for inventors.

Last month, amendments to China's State Intellectual Property Office ("SIPO") Guidelines for Examination took effect. Among the most important changes are the expanded patentability of business-related inventions with technical features ("business method patents") and enhanced claiming options for patents covering software inventions.

Business Method Patents

Until recently, the patentability of business methods was problematic in China. Article 25(2) of the Chinese Patent Law explicitly states that "rules and methods for mental...

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