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The Patent Examination Standards for Computer Software Related Invention
was first promulgated in October 1998. It underwent an overhaul in 2004
in conjunction with the amendments to the Patent Act in 2001 and 2003,
and the amendment to the Implementing Regulations of the Patent Act in
2004. As computer software technologies advance rapidly in recent years,
TIPO embarked on another draft amendment to the Patent Examination Standards
for Computer Software Related Invention, and the amendment has taken effect
on May 20, 2008.
The gist of this round of amendment includes: 1. Clearly define the eligible
subject matters of computer software related invention; 2. expand the
scope of protection for computer software related invention; and 3. add
specifications for language used in writing "means-plus-function"
claims.
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