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Legislative Implementation of Flexibilities - Croatia

Title:Article 5(6) 5) of the Patents Law No. 173/2003 as last amended by Act No. 76/2007
Field of IP:Patents
Type of flexibility:Patentability or exclusion from patentability, of software-related inventions
Summary table:PDF

Provisions of Law

PATENTABLE INVENTION

Article 5

(6) The following in particular shall not be considered to be the inventions within the meaning of paragraph (1) of this Article:

5. computer programs.

Rule 1.9, Guidelines of the State Intellectual Property Office, PART B, Chapter B –I

1.9 Computer-implemented inventions

Programs for computers are a form of "computer-implemented invention", an expression intended to cover claims which involve computers, computer networks or other programmable apparatus whereby one or more of the features of the claimed invention are realised by means of a program or programs. Such claims may e.g. take the form of a method of operating said apparatus, the apparatus set up to execute the method, or the program itself. Insofar as examination practice is concerned, no distinctions are made on the basis of the overall purpose of the invention, i.e. whether it is intended to fill a business niche or to provide some new entertainment, etc.

The basic patentability considerations in respect of claims directed to computer programs are in principle the same as for other subject-matter. While "computer programs" are included among the items listed in Art. 5(6) PA as exclusions, if the claimed subject-matter has a technical character it is not excluded from patentability by the provisions of Art. 5(6) PA. If a computer program is capable of bringing about, when running on a computer, a further technical effect going beyond normal physical effects (e.g. electrical currents), it is not excluded from patentability. This further technical effect may be known in the prior art. A further technical effect which lends technical character to a computer program may be found e.g. in the control of an industrial process or in processing data which represent physical entities or in the internal functioning of the computer itself or its interfaces under the influence of the program and could, for example, affect the efficiency or security of a process, the management of computer resources required or the rate of data transfer in a communication link.

As a consequence, a computer program may be considered as an invention within the meaning of Art. 5(1) PA if the program has the potential to bring about, when running on a computer, a further technical effect which goes beyond the normal physical interactions between the program and the computer. A patent may be granted on such a claim if all other requirements of the law, in particular with regard to novelty and inventive step, are met. Such claims should not contain program listings, but should define all the features which assure patentability of the process which the program is intended to carry out when it is run.

In assessing whether there is an inventive step, the examiner must establish an objective technical problem which has been overcome.

The solution of that problem constitutes the invention's technical contribution to the art. The presence of such a technical contribution establishes that the claimed subject-matter has a technical character and therefore is indeed an invention within the meaning of Art. 5(1) PA.If no such objective technical problem is found, the claimed subject-matter does not satisfy at least the requirement for an inventive step

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