On 1 July 2021 the Taiwan Intellectual Property Office's (TIPO) revisions of the patent examination guidelines on computer software-related inventions came into effect. These aim to manage changes in the tech landscape and inspire innovation, especially with regard to AI and Big Data. The guidelines are designed to make the examination of software patent applications consistent with that of other patent applications.
The revisions aim to:
-specify the types of computer software-related inventions that comply with the invention definition prescribed in Article 21 of the Patent Act;
- outline the factors that determine the inventive step; and
- prescribe that AI inventions are subject to statutory exclusion under Article 24 of the Patent Act.
According to Article 21 of the Patent Act, an 'invention' is defined as the creation of a technical idea, which uses the laws of nature. The actions of computer software-related inventions that comply with this definition include:
-controlling a machine or a process that accompanies the control of the machine; and
- computing or processing data/information, which demonstrates the technical properties of an object. Continue Reading