What is Computer-Implemented Invention?

Computer programs (software), mathematical methods, presentation of information, as well as rules and methods for intellectual activity, games, or business activity, are explicitly excluded from patent protection. Once the software is created, it is often possible to easily and at a very low cost to be reproduced in unlimited numbers. The literal writing of the source code of the software for each computer program is protected by Copyright Law. The Copyright is not applicable and does not protect the “idea” behind the software, which is a major part of its commercial value. In practice, however, the concept behind the software often provides technical features such as machine control or data processing. This is an opportunity of obtaining a Software Patent or registration of a Utility model in Bulgaria.

The computer program can be represented as a sequence of operations, performed by the relevant technical means (e.g. computer, server, etc.). Then it is taken over, that it forms part of a Computer-Implemented Invention (software) and is not excluded from patent protection. The same can be applied to the patenting of software. In this case, the Patent system is available to protect its technical functions. Each Invention is essentially a technical solution to a technical problem. Obtaining a Software Patent or registered it as a Utility model has its own features.

How is software protected by the Patent system?

While some countries grant Patents for all types of software, in most of the countries the computer programs or the software are explicitly excluded from the Patent system, because they are not considered Inventions. As reasons for excluding software from patent protection, it is often said, that the innovations in this area usually involve the cumulative, consistent development and reuse of the work of others. It is also necessary to maintain interoperability between programs, systems, and network components. This is not in line with the mechanisms of the Patent system, as the range of options available to the second participant may be limited. The debate has intensified that patent protection for computer software is needed to provide an adequate incentive to invest in this area and to support innovation in various technological areas.

Software Patent requirements

Nowadays, with the advancement of technology, Computer-Implemented Inventions are used in all fields of technology, and in many cases, the innovative part of a new product or method is due to the use of the computer or computer program. However, the availability of a technical device is not sufficient, when used for purely non-technical purposes and/or for the processing of non-technical information to consider a computer program to be of a technical nature. In general, several approaches have been taken in the protection of software by a patent for invention. Protection by a Patent or Utility model may be sought for a Computer-Implemented Invention, the implementation of which involves the use of the computer, computer network or other devices of this type, or if it has one or more functions, that are realized in whole or in part by the computer or computer program.

How to obtain Software Patent or Utility model registration?

Software Patent or Utility model registration can be obtained for patentable Inventions in all fields of technology. They must be new, involve an inventive step, and be industrially applicable. The same requirement applies either to the Patent or to the registration of a Utility model. While the novelty and the inventive step are determined on the basis of the state of the art, the criteria for industrial applicability are clearly defined. The term “industry” includes any physical activity of a technical nature. It must belong to the useful or practical fields of industry, agriculture, medicine, and biology. The term physical activity of a technical nature means that the technical solution must refer to the solution of a technical problem. The technical solution must be described in technical terms. They shall be specific to the field, in which the subject matter of the technical solution relates. The analysis of industrial applicability is based on the assessment of whether:

∴ the solution has a technical character, i.e. whether it includes technical features;

∴ the object is of a technical nature (whether a specific technical problem is solved with technical means);

∴ the invention relates to a specific field of technology.

Claims for a computer program

When filing an application for Utility model registration or Software Patent, it is also important, that the claims are clearly and precisely drafted. Claims must identify the object for which protection is sought through its technical characteristics. When patenting software, there are two types of claims: product claims and method claims. It is important to note that the methods are not protectable by a Utility Model, but only by a Patent. A common omission in formulating claims for Computer-Applicable Inventions is the intertwining of technical features characteristic of both types of claims. In the case of product claims, only functional features may be included. Thus the action is expressed through the function of the technical feature. In the claims for a method, it is not acceptable to include the description of the construction.