One Case a Day | China: Determination of the Protected Subject Matter for Utility Models Containing Computer Programs - Invalidation Decision No. 565175 (2023)

Case Introduction
With the development of the concept of the Internet of Everything, technical solutions protected by utility models increasingly contain content related to methods or software, making them prone to violating the relevant regulations on protected subject matter for utility models. In 2023, the China National Intellectual Property Administration issued the "Guidelines for Determining the Protected Subject Matter of Utility Model Patents," providing specialized explanations on the eligibility of utility model subject matter, "guiding innovators to accurately understand the boundaries of utility model patent protection, promoting the improvement of the quality of utility model patent application drafting and responses, and advancing the high-quality development of the utility model patent system." As a relatively recent case, this decision systematically explains the examination points for such cases and is worthy of attention.

Case Information

• Application Number: 202020671903.3
• Title of Invention: Intelligent Blood Management System
• Patentee: Shenzhen Keleng Commercial Equipment Co., Ltd.
• Requester: Shenzhen Aikang Biotechnology Co., Ltd.
• Request Date: August 8, 2023
• Case Number: 5W133467
• Decision Number: No. 589012
• Decision Date: November 24, 2023

Key Points of the Decision
Utility model patents only protect products. Known method names may be used in claims to define the shape or structure of a product, but improvements to the method itself cannot be included. If a product claim includes both hardware and improvements to a method (such as a computer program), the claim does not constitute a protected subject matter for a utility model patent.

Important Stages of the Case
The amended Claim 1 of the involved patent is as follows:
"1. An intelligent blood management system, characterized by comprising:
a labeling terminal module, instructing a labeling machine to label and secondarily package bagged blood;
a basket loading terminal module, instructing a basket loading machine to load boxed blood into baskets;
a blood storage terminal module, instructing a robot to perform inbound and outbound operations on basket-loaded blood;
a sorting terminal module, instructing a sorting manipulator to sort blood stored in the blood storage library according to orders;
a system equipment control platform, interfacing with the blood station collection and supply blood management system, managing the upper computers of each terminal through a message bus, internally integrating a configuration parameter management module, a license management module, a monitoring screen display module, and a driver management module;
a blood station collection and supply blood management system, managing the entire process data information of blood collection, storage, transportation, and use."

The requester argued: The technical solution of this patent achieves automation by using robots and manipulators to replace manual operations, which is common knowledge across various industries. To achieve the invention's objective, it is necessary to design entirely new processes and corresponding supporting software. The various terminal modules of this patent are essentially computer programs. The functions defined in the claims of this patent all require improvements in computer programs to be realized, and computer programs belong to method features. That is, the technical means adopted by this patent to solve its technical problem belong to improvements in computer programs. Therefore, Claims 1-4 do not comply with Article 2, Paragraph 3 of the Patent Law.

The patentee believed that this patent aims to replace manual operations with robots and manipulators, combined with a system equipment control platform, to achieve full automation of the blood process from labeling—boxing—basket loading—storage—sorting after passing inspection. The specific technical solution consists of four control execution modules and one control module. The labeling terminal module, basket loading terminal module, blood storage terminal module, and sorting terminal module correspond to the labeling machine, basket loading machine, blood storage library, and sorting warehouse, respectively. The equipment is connected by conveyor belts, and intelligent operation is achieved through the system equipment control platform. This patent combines different robots and manipulators into an overall structure and defines control relationships to achieve full automation of the blood process from labeling—boxing—basket loading—storage—sorting after passing inspection. It can adapt to various common blood distribution modes, replace manual operations, and improve work efficiency. The adopted technical solution includes hardware such as manipulators, robots, upper computers, and monitoring screens. Each terminal module is the respective upper computer. Claim 1 does not define software; it includes a control platform, terminal platforms, and control structures, combined with the automated management of robots and manipulators, not software management. The three-layer hardware architecture of this patent does not include improvements in computer programs in its adopted technical means and belongs to a protected subject matter for utility model patents.

Collegial Panel's Viewpoint
Article 2, Paragraph 3 of the Patent Law stipulates: "Utility model means any new technical solution relating to the shape, the structure, or their combination, of a product, which is fit for practical use."

Section 6.1, Chapter 2, Part I of the Patent Examination Guidelines stipulates that the products protected by utility model patents should be entities manufactured by industrial methods, with definite shapes and structures, occupying a certain space. All methods and naturally existing items not artificially manufactured do not belong to the protected subject matter of utility model patents. The said methods include product manufacturing methods, usage methods, communication methods, processing methods, computer programs, and the use of products for specific purposes, etc. Utility model patents only protect products. Known method names may be used in claims to define the shape or structure of a product, but improvements to the method itself cannot be included. If a product claim includes both hardware and improvements to computer programs, the claim does not constitute a protected subject matter for a utility model patent.

Specifically in this case, Claim 1 protects an intelligent blood management system (see the case overview). Its system equipment control platform interfaces with the blood station collection and supply blood management system, manages the upper computers of each terminal through a message bus, and controls the upper computers' labeling terminal module, basket loading terminal module, blood storage terminal module, and sorting terminal module to achieve fully automated control of corresponding labeling machine labeling, basket loading machine basket loading, robot inbound operations, and sorting manipulator sorting. This patent aims to solve the problem that tasks such as blood basket loading, transfer, and sorting rely on manual completion, and manual operations inevitably involve errors and mistakes. This patent designs an intelligent blood management system, using robots and manipulators to replace manual operations, combined with a system equipment control platform, to achieve full automation of the blood process from labeling—boxing—basket loading—storage—sorting after passing inspection. Additionally, the system equipment control platform exchanges operational data of bagged blood with the data of the blood station collection and supply blood management software, synchronizing the logistics and information flow of bagged blood. According to the records of this patent's description and the technical common knowledge in this field, simply combining hardware structures, such as improvements to labeling machines, basket loading machines, robots, manipulators, and their connection relationships, cannot achieve the full-process automated management of this patent from after blood inspection. The above full-process automated management must rely on the computer program of the "system equipment control platform" to control the upper computers through the message bus and complete the entire process control of labeling, basket loading, storage, and sorting through the functional modules in the upper computers. The patentee also did not provide evidence that using the system equipment control platform to manage the functional modules of the upper computers to achieve the full-process automated management of this patent belongs to known methods. It is evident that even though this patent's "intelligent blood management system" includes corresponding hardware on which computer programs run, solving the technical problem of this patent and achieving its technical effects must rely on improvements in computer programs. That is, the technical solution protected by Claim 1 of this patent substantially includes improvements in computer programs. Therefore, Claim 1 does not belong to a protected subject matter for utility model patents and does not comply with Article 2, Paragraph 3 of the Patent Law.