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With the latest update of Examination Guidelines for Computer Software-Related Inventions, TIPO provided 20 case studies across the five major fields of IT – AI, IoT, blockchain, cloud applications, and big data – to help applicants better understand the basis on which patent applications are assessed and ensure that patent examiners utilize the same concepts during the examination.
We extracted one of the case studies, 3.2 Computer System for Online Interview, on IT Patent Examination for reference.
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| I. BACKGROUND OF THE INVENTION | |
| Problem to be solved | |
| To solve the trouble of commute of interviewee and save the interview costs | |
| Technical means | |
| Evaluate the interviewee's performance by AI Big Data analysis, film his performance by a camera of an electronic device, and give the interview scores accordingly. | |
| Effect | |
| To provide all-round analysis and feedback of the interviewee | |
| Extract of Specification | |
| A computer system for online interview comprises an input unit, inputting a resume of an interviewee; a processing unit, retrieving the resume to match a workability required for a job position, and generating a matching degree according to the required workability and the resume. The matching degree is generated based on the workability required for the job position. For example, the workability matching refers to whether having the business skills that match the requirement of the job position. The higher the matching degree, the higher the score is, and vice versa. Accordingly, the processing unit comprehensively evaluates the workability required for the job position applied for according to the school performance of interviewee, and generates a comprehensive score, which is displayed by a display unit. | |
| II. CLAIMS | ||
| [Claim 1] － Ineligible | ||
| A computer system for an online interview, comprising: | ||
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an input unit, inputting a resume of an interviewee;
a processing unit, processing the resume to generate a score; and
a display unit, displaying the score.
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| [Claim 2] － Eligible | ||
| A computer system for an online interview, comprising: | ||
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an input unit, inputting a resume of an interviewee;
a processing unit, retrieving the resume of the interviewee to match a workability required for a job position, generating a matching degree according to the workability required for a job position and the resume, wherein the higher the matching degree, the higher the score, and vice versa, and generating a comprehensive score according to a school performance of the interviewee; and
a display unit, displaying the comprehensive score.
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| III. ANALYSIS | |||
| Examination Concept | |||
| Steps for determining eligibility of subject: | |||
| 1. | Whether claims obviously comply with the definition of an invention: | ||
| (1) | Claims 1 and 2 do not execute the control of the machine, nor the processing that accompanies the control. | ||
| (2) | The data processed by Claims 1 and 2 are information of resume and job, both are the artificially set data, which generated by human mental activity, so it does not execute the data processing according to the technical nature of object. | ||
| In conclusion, Claims 1 and 2 do not obviously comply with the definition of an invention. | |||
| 2. | Whether claims obviously non-comply with the definition of an invention: | ||
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→ Claims 1 and 2 are “systems”, which imply that invention is accomplished with the computer software and hardware. Also, they do not obviously non-comply with the definition of an invention. Accordingly, the analysis should enter Step 3, determining based on the point of view of the software. |
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| 3. | Determining whether “the information processing via computer software is realized through the utilization of hardware resources” | ||
| For an invention related to computer software that is unable to be determined through the above Two steps, it should be further examined for whether fulfills the requirement that “the information processing via computer software is realized through the utilization of hardware resources”. The technical means/steps for processing through collaboration between computer software and hardware do not refer to the indication of specific hardware resources in the claims are necessary. For example, if Claims include specific technical means for information/data processing, even if the computer is the only hardware claimed therein, as long as a skilled person in the art referring to the common knowledge at filing could know the specific technique is realized by the collaboration between the computer software and general hardware such as CPU and memory, the Claims should still be determined to be Eligible of “the information processing via computer software is realized through the utilization of hardware resources” | |||
| [Claim 1] | |||
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Claim 1 does not cite any technical means/steps for processing data by collaborating computer software and hardware, but only includes the step for processing resume. Also, Claim 1 does not provide any specific processing techniques after input/before output of information, but the purpose and effect of information processing.
Thus, Claim 1 does not involve “the information processing via computer software is realized through the utilization of hardware resources” and shall be ineligible.
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| [Claim 2] | |||
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Claim 2 includes the features “the processing unit retrieves the resume of the interviewee to match a workability required for a job position, generates a matching degree according to the workability required for a job position and the resume, wherein the higher the matching degree, the higher the score, and vice versa, and generates a comprehensive score according to a school performance of the interviewee” clearly as the technical means/steps for processing data by collaborating between computer software and hardware. Namely, the specific techniques of processing resume of Claim clearly claim the specific processing means/steps after input and before output of information.
Thus, Claim 2 must involve “the information processing via computer software is realized through the utilization of hardware resources” and shall be eligible.
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| Examination Opinion | |||
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Claim 1 is a computer system for an online interview. The processing unit only discloses the resume processing and generating a score, without disclosing how to process to generate the score.
Thus, Claim 1 does not involve “the information processing via computer software is realized through the utilization of hardware resources”, so not comply with the definition of an invention.
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Source: https://www.tipo.gov.tw/tw/dl-280440-4a8254a2a7ac447fb32777ae4f5d1485.html
(TIPO: Case Studies on IT Patent Examination_in Chinese) |
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