As we can see above a computer-implemented invention is a product or service that in order to function needs a computer, network, software, mechanical or electronic resources to work.
This is what you need to have in order to claim this type of invention:
- The claimed invention must be directed to one of the two legal categories: Product or Procedure.
- The claimed matter should not be completely addressed to an exception to the patentability of those listed in Article 15 of D.486.
- The technical application is evaluated. In a product, the technical application is generally evident since these are constituted by elements or parts of tangible elements. In a procedure in order to comply with the criterion, the procedure must be linked to a tangible element such as a machine, apparatus or device. There has to be a specific transformation of the initial item to a different state or product, where this transformation has a Significant limit and a relationship with the solution to the problem.
If it fulfils the requirements and the invention is eligible to study, the application will be evaluated like any other type of invention. Evaluating the novelty, inventive level and industrial application.
