How does the PCT handle applications related to computer programs?
The Patent Cooperation Treaty (PCT) has specific provisions for handling applications related to computer programs. According to MPEP 1843.02, which cites PCT Rule 39:
“No International Searching Authority shall be required to search an international application if, and to the extent to which, its subject matter is any of the following: … (vi) computer programs to the extent that the International Searching Authority is not equipped to search prior art concerning such programs.“
This means that:
- Computer programs are not automatically excluded from search and examination
- The search obligation depends on the ISA’s capability to search prior art for computer programs
- Different ISAs may have varying policies and capabilities regarding computer program searches
However, it’s important to note that the USPTO, as stated in MPEP 1843.02, “has declared that it will search and examine, in international applications, all subject matter searched and examined in U.S. national applications.” This includes computer programs, making the USPTO a potentially favorable choice for applicants with computer program-related inventions.
To learn more: