Protection of Computer Software and Databases

Arkadiusz Kwapisz, Examiner

Patent Examination Department

Patent Office of the Republic of Poland

Software-implemented invention in Poland

22

Patent application nr 1

33

Claims for application nr 1

1. System for change brightness of light bulb characterized that contains light bulb coupled to microprocessor via amplifier and generator which is controlled for microprocessor.

2. System according to claims1 that generator is integrated circuit configured to changing duty cycle of rectangular wave.

Description for application nr 1

In first embodiment disclosed system which comprise connection bulb with microprocessor via amplifer, switches up and down for increase and decrease power provide to bulb, integrated circuit generator NE555 working as a generator with variable duty cycle of rectangular wave.

44

Patent application nr 2

55

Claims for application nr 2

1. System for change brightness of light bulb characterized that contains light bulb coupled to microprocessor via amplifier and generator which is controlled for microprocessor.

2. System according to claims1 that generator is software implemented generator configured to changing duty cycle of rectangular wave.

Description for application nr 2

In first embodiment disclosed system which comprise connection bulb with microprocessor via amplifer, switches up and down for increase and decrease power provide to bulb, software implemented generator on timers T0 and T1 available in microprocessor in form code C working as a generator with variable duty cycle of rectangular wave.

66

Differences between applications

Application nr 1

Application nr 2

77

Consideration in Patent Office of the Republic of Poland

1. Is excluded ? (discover, plans, present of information etc)

2. Is invention ? (solve technical problem ?, contain technical features ?)

3. Is clair ? (scope of protection is clair ?)

4. Is disclose ? (at least one embodiment ?)

5. Is new, inventive step, industrial applicability ?

88

Examination novelty

- extract all technical features from application

Application nr 1 Application nr 2

1. Microprocessor

2. Bulb

3. Amplifier

4. Switches

5. Integrated circuit generator

1. Microprocessor

2. Bulb

3. Amplifier

4. Switches

99

Solution founded in prior art

System for switching on and off a bulb without generator

1010

1. Microprocessor

2. Bulb

3. Amplifier

4. Switches

Extract all technical features from founded solution

All technical features from founded solution agree with technical features disclose in application nr 2

Software implemented generator disclosed in application nr 2 is outside of technical area and is not treated as a technical contribution.

1111

Decisions

Application nr 1

-invention is new (contain additional technical integrated circuit working as a generator)

-invention is inventive step (connection additional generator in order to solve a change of power provide to bulb is not obviously for skilled person)

-invention is capable for industry

-patent granted

Application nr 2

-invention is not new (all technical features in solution founded agree with technical features disclosed in application nr 2

-software implemented generator is outside technical area and cannot be understand as a technical contribution to prior art)

-patent refused

1212

Conclusions

-both application solves the same technical problem (how to change power provide to bulb using microprocessor)

-both application contain microprocessor with implemented software

-integrated circuit generator from application nr 1 is replaced by computer program

-both patent applications should be patentability ?

1313

Thank You for attention