| ACTIVITIES OF SOFTWARE PATENT INFORMATION CENTER (1) |
(1) Revision of Implementing Guidelines for Examination Procedure of Computer
Software Related Inventions
To cope with a marked development in software technology the Japan Patent
Office (JPO) revised its "Implementing Guidelines for Examination Procedure
of Computer Software-related Inventions" in April of 1997. The new guidelines
make
"a computer-readable storage medium having a program recorded@thereon"@patentable.
And further, in December of 2000 the JPO revised its "Examination Guidelines
for Computer Software-related Inventions", clarifying the examination
standards for "Business method-related inventions" utilizing the
Information Technology (IT) as well as providing that "a computer program"
which specifies a multiple of functions performed by a computer can be defined
as "a product invention", and that when information processing by
software is concretely realized by using hardware resources, the said software
is deemed to be "a statutory invention" prescribed in the Patent
Law.
In February 2002, to reinforce patent protection for information-based property
such as software and enhance network transactions, a draft law that amends
a part of the Patent Law (an amendment to clarify that programs are included
in "product" under the Patent Law) has been submitted to the Diet
and was promulgated on April 17 of the same year as Law No. 24.
(2) Necessity to Build Databases
The speed of technological development is fast in the computer software-related
fields. And further, it is expected that the revision of the guidelines will
bring the increase of patent applications in business-related fields such
as electronic money and electronic commerce and in other fields, which have
been considered unrelated with patent.
Such being the case, it is anticipated that the existing prior art research
system, which bases mainly on patent documents, will be unable to effectively
cope with examination of applications for computer software-related inventions
including business-related inventions.
As requests from the software industry poured in, in order to enhance its
prior art researches involved with patent examinations in these fields, the
JPO decided to start building the Computer Software Database (hereinafter
called "CSDB") which contains non-patent literature including computer
software manuals (It is relatively difficult to obtain , although they are
distributed.),books, journals, treatises and companies' technical reports,
effective from the fiscal year of 1997.
To use CSDB in examinations of computer software-related inventions, cases
would not frequently occur in which a technology widely known in the software
industry is granted a patent because the documentary evidence is not found,
which will hopefully help to check the occurrence of futile disputes and lawsuits.
(3) Establishment of Software Patent Information Center
In order to compile the information to be stored in CSDB, which the JPO will
build, Software Patent Information Center (hereinafter called "PIC")
was established on July 1, 1997 as an annexed organization of Software Information
Center.
PIC collects non-patent literature to be input in CSDB, assigns Computer Software
Terms (CS Terms), pick up necessary free key words, makes summaries to collected
literature, and compiles the primary literature information and analytical
results, etc. for these literatures on computer-readable media, and ultimately
delivers to JPO.
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