The question "Which products are patented?" is an important topic of discussion in many countries around the world. Software copyright and patent are separate concepts. While both benefit from the protection of the product, copyright only aims to protect a certain idea. For example, copyrights may cover the code owned by a software. Computer-based inventions must have technical elements in order to be patented. On the other hand, as in other patent applications, only inventions that contribute to the elimination of technical problems can be patented. Therefore, the answer to the question "Which products are not patented?" is products that do not contribute to the elimination of technical problems.
What are Patentable Inventions?
The question “In which cases a patent is granted?” is asked by many software developers. In order for software inventions to be patented, it is necessary to meet certain conditions. The answer to the question “What is a patent, to which products?” can be given as follows:
• Inventions developed to easily perform different operations such as X, Y, and Z can be patented.
• Any method that can perform operations with computer aid such as X, Y and Z can be patented.
• The invention must have commercial or industrial use. The software must be able to be used via an electronic device.
• Within the scope of Comvik approach, only software that can solve a technical problem can be patented.
• The invention must have a completely new and unique structure.
• When applying for a patent for the invention in question, the application form must be filled in completely.
• All inventions that meet the above conditions can be patented. In addition, some computer simulations can be patented.
For example, inventions that extend the life of the laser cutting machine through certain software methods can be patented. Thus, a technical problem can be eliminated, and an important improvement can be achieved for both commercial and industrial use.
In Which Cases a Patent Is Not Granted?
In Turkey the question "In which cases a patent is not granted?" is a frequently asked one. The answer to this question is as follows:
• Many types of scientific theories, numerical methods, and discoveries are not patentable.
• Rules, procedures, and plans related to games and commercial software cannot be patented.
• Computer software that do not offer a solution to a technical problem also cannot be patented.
• Many artworks and works require creativity, such as poetry, painting, music, and film cannot be patented.
• Transactions that do not have a technical aspect such as information collection, arrangement, and presentation cannot be patented.
• Drug therapies, herbal therapies, and surgical operation methods developed for humans or animals cannot be patented.
• On the other hand, inventions that are against public order and social morality cannot be patented, either.
• If the patent application form is filled incompletely or incorrectly, the application will not be evaluated even if the invention is suitable for a patent.
For example, software that helps an employer choose a candidate for employment in the light of certain factors in a job application cannot be patented if the application form is not properly filled. The first compliance criterion is met if it is clearly stated that the work is being done by the computer; however, if the invention does not produce a solution to a technical problem, it does not meet the second compliance criterion.
Contact Destek Patent for all your questions on patents, including “Who can apply for a patent?”.
