1. Main Amendments
First, the “medium + computer program flow” claim format is permitted.
The previous Guidelines excluded claims directed to algorithms, mathematical computing rules, computer programs per se and computer programs merely recorded on media. The amended text refers instead to computer programs per se merely recorded on media. The distinction means that a computer-readable storage medium defined by computer program flow can constitute patentable subject matter.
Second, an apparatus claim may include program flow.
The components of an apparatus claim may include both hardware and program flow. Improvements to program flow may therefore be described directly and clearly in an apparatus claim, without expressing that flow only as a method or function used to define hardware. A claim containing a component defined by program flow should not be rejected as unclear merely because that component is defined by program flow and the claim category is therefore considered unclear.
Third, “functional module” is replaced with “program module”.
Under the previous Guidelines, an apparatus claim for a computer-related invention could comprise functional modules corresponding to each step of the computer program flow or method claim. The revised Guidelines rename these “program modules”. Accordingly, examination and infringement analysis no longer apply the criteria for modules defined solely by function to these program modules.
2. Effects on Claim Drafting
In addition to method claims, computer-related inventions may be expressed in three forms.
The first is a medium plus computer program flow. For example: “A computer-readable storage medium storing computer programs (instructions) which, when executed by a processor, cause the processor to perform the following steps: … / perform the steps of the method of claim X.”
The second is an apparatus containing a component defined by program flow. For example: “A computer device comprising a memory, a processor and a computer program stored in the memory and executable by the processor, wherein the processor, when executing the computer program, performs the following steps: …”.
The third is a claim comprising program modules. This follows the previous approach of defining an apparatus through modules corresponding to the steps of the computer program flow or method claim, except that the modules are now called program modules rather than functional modules.
The amendments therefore provide several drafting options. Applicants can select the form that most effectively protects their computer-related inventions.
