Weifeng LIN | Sep 1, 2017

I. Software-related Inventions
Patentable subject matter and protection format, Sections 2, 3 and 5.2 of Chapter 9 of Part II
The revision introduces a new patentable subject matter or a protection/claim format of "medium plus the steps of a computer program," and confirms that a product claim involving computer program may take the format of "means plus function (program)", or of "hardware plus the steps of a computer program."  Sample 9 in item (3) of Section 3 is deleted as of no guidance anymore.

Explanation:
In the past, patent protection for software related inventions was rather limited; their claims were commonly drafted a process claim A,

Process claim A
A data processing method, comprising steps of:
receiving a first info from a client device;
comparing the first info with a predetermined threshold value,
outputting a difference between the first info and the predetermined threshold value to a cloud server.

or an apparatus claim B ("means plus function (program)") based on the computer program flow (here is Process claim A) wherein each component is regarded as a function module required to realize each step in the said computer program flow or each step in the said method. Such apparatus claims are regarded as the function module architecture of the computer program described in the description, rather than entity devices needed to realize the said solution mainly through hardware.

Apparatus claim B corresponding to the process claim A:
A data processing apparatus, comprising:
Receiving module, configured to receive a first info from a client device;
Comparing module, configured to compare the first info with a predetermined threshold value;
Outputting module, configured to output a difference between the first info and the predetermined threshold value to a cloud server.

Under the revised Guidelines, the revision introduces a new patentable subject matter or a protection/claim format of software claims: a computer program product C, a machine-readable medium D ("medium plus the steps of a computer program"), and confirm that a product claim involving computer program may take the format of "hardware plus the steps of a computer program": a Beauregard type of claim E.
 
Computer program product C:
A computer program product, comprising instructions to perform steps of:
receiving a first info from a client device;
comparing the first info with a predetermined threshold value,
outputting a difference between the first info and the predetermined threshold value to a cloud server.

Machine-readable medium D:
A machine-readable medium, comprising instructions to perform steps of:
receiving a first info from a client device;
comparing the first info with a predetermined threshold value,
outputting a difference between the first info and the predetermined threshold value to a cloud server.

Beauregard type of claim E (apparatus + process),
An apparatus, comprising a processor and a memory, wherein:
the processor is configured to execute instructions on a computer-readable medium to perform steps of:
receiving a first info from a client device;
comparing the first info with a predetermined threshold value,
outputting a difference between the first info and the predetermined threshold value to a cloud server.

Apparatus claim F (apparatus + program):
A data processing system, comprising:
Client device,
Cloud server,
App, configured to perform steps of:
receiving a first info from a client device;
comparing the first info with a predetermined threshold value,
outputting a difference between the first info and the predetermined threshold value to a cloud server.

II. Business Model
Patentable subject matter, Section 4.2 of Chapter 1 of Part II
The revised Section adds the content “[For example] For a claim relating to commercial mode, if the claim contains not only matter of commercial rule or method, but also technical features, then the claim should not be excluded from patentability under Article 25 of the Patent law”.

Explanation:
In preparation for the emergence of the financial technology, or “fintech” industry, SIPO is broadening patent protection for innovation relating to novel business models. Previously excluded from patentability under Article 25 of the Chinese Patent Law, the new amendments now clarify that a business oriented innovation may qualify for patent protection provided that it includes technical features.
An applicant should now do well following the revised Guideline when applying for a business method patent, putting special emphasis on whether the business method solves a “technical” problem with “technical” features based on “natural rules” in a non-obvious manner.