The question "Which products are patentable?" is a significant topic of debate in many countries around the world regarding software. Copyright and patent rights for software are distinct concepts. While both provide benefits for protecting the product, copyright only aims to protect a specific idea. For example, copyrights can cover the code contained within software. Computer-based inventions must contain technical elements to be patented. However, as with other patent applications, only inventions that contribute to the solution of technical problems can be patented. Thus, regarding software, "Which products cannot be patented?The answer to the question “Why is this product used?” can be answered as “It is not used for products that do not contribute to the elimination of technical problems.”
What are Patentable Inventions?
"Under what circumstances can a software patent be granted?" is one of the most frequently asked questions by many software developers. It's crucial that software inventions meet certain requirements to be eligible for a patent.What is a patent?It is possible to learn the answer to the question “Which products are given?” clearly in the following items:
• Inventions that are programmed to easily perform operations such as X, Y and Z can be patented.
• Any method that can perform operations such as X, Y and Z with computer support can be patented.
• The invention must have a commercial or industrial use. The software must be usable through an electronic device.
• Within the scope of the Comvik approach, only software that can solve a technical problem can be patented.
• The invention must have a completely new and unique structure.
• For the invention in question patent application The application form must be filled out completely.
• All inventions that meet the above requirements are eligible for patents. Additionally, some computer simulations are also eligible for patents.
For example, inventions that extend the life of a laser cutting machine using specific software methods can be patented. This would address a technical issue and provide a significant improvement for both commercial and industrial use.
In What Situations Cannot a Patent Be Granted?
Many people in our country frequently ask, "Under what circumstances can a patent not be granted?" The answer to this question can be clearly learned from the following points:
• It is not possible to obtain a patent for many scientific theories, numerical methods and discoveries.
• Rules, procedures and plans related to games and commercial software are not among the concepts that can be patented.
• Computer software that does not provide a solution to a technical problem is also among the inventions that cannot be patented.
• Patents are not granted for many works that are considered works of art and require creativity, such as poetry, painting, music and films.
• Patents cannot be obtained for processes that do not have a technical aspect, such as compiling, organizing and presenting information.
• It is not possible to obtain a patent for drug therapy, herbal therapy and surgical operation methods developed for application in the human or animal body.
• On the other hand, it should be noted that patents cannot be granted for inventions that are generally contrary to public order and social morality.
• If the patent application form is filled out incompletely or incorrectly, the application will not be evaluated even if the invention is eligible for a patent.
For example, software that helps employers select candidates based on specific factors in a job application cannot be patented. If the invention clearly states that the work is done by a computer, the first patent eligibility hurdle is overcome; however, because the software doesn't solve a technical problem, it cannot overcome the second patent eligibility hurdle.
For topics such as “Who can apply for a patent?” and all your other questions about patents Support PatentYou can reach.
