International Patent Filings
Explore the best practices for patenting new software tools
Understand Practical Aspects
Understand the role of writing a strong patent application
Explore the best practices for patenting new software tools
Understand the role of writing a strong patent application
Protect your innovations across multiple countries and create strong patent portfolio to boost business valuation
Local and global brand protection through international trademark registrations
Extensive research and business writing for technical whitepapers and B2B content products
Here I write about international patent filing for computer technology innovations including PCT patent filing process. Computer technology continues to lead global patent filings, with data showing 234,667 applications filed in 2018, representing 7.3% of total global filings. While the average annual growth rate of 5.8% from 2008 to 2018 was slower compared to other top technology fields, this indicates a mature but stable sector with consistent innovation. This stability underscores the enduring importance of computer technology in the global innovation ecosystem. A noteworthy demographic trend is the increasing diversity among inventors, with women representing 16.7% of inventors on PCT applications for computer technology in 2019. This percentage, while still showing gender disparity, reflects ongoing efforts to broaden participation in technological innovation when it comes to PCT patent filings landscape.
A detailed analysis of PCT patent filing landscape reveals that China and the United States dominate computer technology patent filings, with Malaysia emerging as a significant contributor among middle-income countries, responsible for 7.4% of filings in this category. This geographical distribution highlights both established innovation centers and emerging technology hubs. The corporate landscape features technology giants like IBM, which secured over 3,953 U.S. patents in 2023 with a strong focus on AI and cloud computing. Other significant players include Google, Microsoft, and Apple, with companies like Samsung and Qualcomm also making substantial contributions in related technology fields. These companies are strategically building robust patent portfolios to protect their innovations and secure market advantages.
This article covers following topics:
PCT Patent Filings for Computer Technology
Subject Matter Eligibility for PCT Patent Filing
Software vs. Hardware Claims Strategies for PCT Patent Filings
Dealing with Abstract Idea Rejections after PCT Patent Filing
Selecting Optimal International Searching Authority (ISA) for PCT Patent Filings
The computer technology landscape covering PCT patent filing has transformed dramatically through the growth of several specialized fields. Artificial Intelligence patent applications have multiplied tenfold between 2013 and 2019. This increase demonstrates AI’s rapid expansion across numerous industries. Machine Learning, a subset of AI, shows accelerating patent rates, particularly in data analysis and prediction applications. The technology continues to evolve as companies implement innovative solutions.
Blockchain Technology patents extend well beyond cryptocurrencies. New distributed ledger applications emerge in supply chain management, healthcare systems, and governance structures. Each sector adopts this technology to improve security and transparency. Quantum Computing patents increase as researchers translate fundamental scientific discoveries into practical applications. The field moves from theoretical concepts toward implementable solutions that solve complex problems. Edge Computing generates new PCT patent filings through innovations that process data closer to its source. This approach offers advantages over centralized cloud systems in speed and efficiency. Organizations implement edge solutions to manage growing data volumes effectively. These five areas represent computer technology’s cutting edge. They provide substantial opportunities for innovators seeking international patent protection through PCT patent filing route. Developers who focus on these fields position themselves at the forefront of technological advancement.
Computer technology innovations face varying patentability requirements across major jurisdictions. The patent eligibility requirements for software vary significantly across major global jurisdictions. The United States implements strict standards following the Alice decision. Software developers must demonstrate their inventions overcome the “abstract idea” barrier. Successful applications show technical improvements or solutions to technological problems. The USPTO rejects applications that merely implement business methods or mental processes on computers.
The European Patent Office maintains specific exclusions for “computer programs as such” in its regulations. However, the EPO grants patents for inventions demonstrating a “technical effect” that solves technical problems. This approach evaluates the software’s technical contribution rather than focusing on the code itself. Applicants must emphasize their innovations’ technical nature to secure protection.
Australia employs a “manner of manufacture” test without explicit software exclusions. This framework creates a more receptive environment for computer technology patents compared to other jurisdictions. Innovators often find the Australian system more accommodating for software-related inventions. China has updated its patent laws recently, establishing a more favorable landscape for software patents. The Chinese patent office accepts more software applications than previously. However, applicants must satisfy stringent writing requirements to demonstrate technical solutions to technical problems. Detailed technical documentation proves essential for success. These jurisdictional differences create a complex global patent landscape including patent applications filed through PCT patent filing mechanism. Inventors seeking international patent protection must develop tailored approaches for each target market. Strategic patent drafting considers these regional variations to maximize protection opportunities worldwide.
Successful patent strategies for computer technology PCT patent filings often integrate hardware elements with software innovations to strengthen patentability arguments. This approach helps overcome abstract idea rejections by emphasizing that the invention is not merely a disembodied algorithm but a practical implementation within a technological environment. In this aspect, the effective strategies include, claiming systems with both software and hardware components, highlighting specific technological improvements enabled by the software, and emphasizing technical integration rather than isolated algorithmic innovations. This hardware-software integration approach helps position inventions as technical solutions rather than abstract concepts, enhancing patentability across multiple jurisdictions.
To overcome abstract idea rejections, particularly in the U.S. following the Alice framework, computer technology patent applications should, demonstrate practical applications of the technology that provide measurable benefits, show specific improvements to computing functionality, such as increased processing speed, reduced resource utilization, or enhanced security, provide detailed technical implementations rather than high-level conceptual descriptions, and include benchmark data or comparisons showing technical advantages over prior approaches.
The choice of International Searching Authority can significantly impact PCT patent applications for computer technology innovations. The European Patent Office (EPO) was selected for 41.6% of U.S.-originated PCT filings in 2023, reflecting its reputation for thorough, high-quality searches and detailed written opinions. The EPO’s expertise in computer technology makes it particularly valuable for inventions targeting European markets. The USPTO served as ISA for 37.8% of U.S.-originated PCT filings, offering familiarity with U.S. patent law and practices. With a search fee of approximately $2,080, it provides value for inventors primarily focused on the U.S. market. In use, the selection factors should include, primary target markets for commercialization, relative expertise of the ISA in computer technology, cost considerations (search fees vary significantly), and timing requirements for market entry. A strategic ISA selection can provide valuable early feedback on patentability and inform subsequent filing decisions.
The PCT patent filing best practices include, providing detailed implementations of core features while using broader language for peripheral aspects, including multiple embodiments to support broader claim scope, and anticipating technological developments with forward-looking language. This balanced approach helps prevent invalidity challenges while maintaining flexibility to cover commercial implementations as technology evolves. The accelerated pace of innovation in computer technology necessitates strategic timing decisions. The provisional patent applications establish priority dates while allowing continued development, which is particularly valuable for AI and quantum computing innovations still undergoing refinement. The Patent Prosecution Highway (PPH) programs can accelerate examination in multiple jurisdictions, helping patents keep pace with technology lifecycles. For particularly fast-moving fields, a cascade of related applications may be appropriate to maintain coverage as the technology evolves, using continuations or divisionals to extend protection to new implementations.
As a business coach and thought leader, I cannot emphasize enough the importance of innovation, new software patents, mobile apps, and patents for tech companies, startups, and entrepreneurs. The world is rapidly evolving, and staying ahead of the curve is vital for success. Embracing technological advancements such as blockchain and AI can unlock unprecedented opportunities, streamline operations, and propel businesses into the future with competitive valuation via intangible assets.
Click Here for AI Startup Valuation Guide.
For instance, blockchain technology can revolutionize supply chain management and secure data sharing wherein innovative business models are explained to the audience via technical whitepapers, while AI can automate and optimize decision-making processes. Mobile apps are no longer just a luxury; they have become essential tools for engaging customers and offering personalized experiences. Furthermore, securing digital innovation patents is crucial for protecting intellectual property, fostering innovation, and maintaining a competitive edge. By investing in these areas, businesses can position themselves as industry pioneers and pave the way for a prosperous future after thoroughly conducting the due diligence and reviewing the legal opinion letters, which in case of digital assets can assist in determining the tokens as utility assets or coins as utility tokens before listing the assets at an exchange.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements. Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).
Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.
