Japanese Intellectual Property, Patent and Trademark Law Firm in Japan

1. Global situation – Comparative list

The patent-eligibility of subject matters regarding computer programs are as follows.

(1) JPO, EPO

i) Computer program: Yes

ii) Computer program product: Yes

iii) Computer-readable storage medium: Yes

* Computer program product shall be defined in the description before JPO

(2) USPTO, KIPO

i) Computer program: No

ii) Computer program product: Yes

iii) Computer-readable storage medium: Yes

(3) China

i) Computer program: No

ii) Computer program product: No

2. Practice guideline

(1) Computer program claim is recommended to be included because Computer program claim covers the scope of Computer program product and Computer-readable storage medium.

(2) JPO practice requires the organic link between the program and the hardware resources. It is recommended that the detailed description of hardware operation instructed by the program is described in the description.

(3) Computer program Product claim is supposed to be eligible in Japan. However, JPO requires the definition of Computer program Product. This definition shall show what the Computer program product includes. JPO rejects the patent application on the ground of clarity of the claim without the definition. 


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