YUAN Yue, WEI Xiaowei and CHEN Xin, from CCPIT, look into the significant changes being made to patent protection in China in relation to software inventions.
In the past years, software or computer programs have not been patentable in China, no matter the claim manner they use. However, the situation is
expected to change very soon. Forthcoming changes The current Chinese Guidelines for Patent Examination has been amended twice since its enforcement on February 1, 2010. At present, SIPO is planning more amendments and released draft amendments for soliciting public opinions on October 27, 2016. The draft amendments cover many hot and interesting topics such as, inter alia, patent eligibility of software-related inventions and business-related inventions, post-filing experimental data, and new permissible manners of amendment during post-grant invalidation proceeding.