4. Can I patent my newly developed mobile phone app?
The software which runs the app may be patentable if it is not a computer program “as such” (see section 9A of the Patents Ordinance) and is technical in nature.
Generally speaking, if the claimed contribution exists independently of whether it is implemented by a computer, the contribution will not be a computer program “as such”.
In considering whether the invention is technical in nature, the examiner will consider various factors such as whether the claimed technical effect has a technical effect on a process which is carried on outside the computer and whether it results in the computer to operate in a new or more efficient way.
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