The Patentability of a Computer Program as a Function of Its Relational Characteristic with Hardware

The patentability of computer program has been discussed because of its deviation from the traditional definition of a patent. The relativities of computer programs to hardware are classified to measure the relative patentability of computer programs in this paper. It can be seen through the patentability analysis that the change in patentability basically follows an exponential function of the hardware character of the software, and the coefficient of an exponent part of the function is a damping factor that determines a patentability degree or trend. The basic patentability of computer programs is revealed when the damping factor value is 1, and a statistical patentability trend is derived. In drafting a patent specification, an appropriate expression of applicability and substantiality of computer programs is needed to acquire a patent right.