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对于既存在实体部件,又包含计算机程序的权利要求,在实际审查中存在不同的处理方式,一直以来都存在争议。在“三性”评判为主线的全面审查的审查理念下,如何进行有效的审查,成为急待解决的问题。本文从一个实际案例出发,分析现有的四种不同处理方式,比较其出发点,得出以“三性”评判为主线、把握实质进行审查才是审查的正确方式。
There has been a long history of controversy over the existence of different types of treatment in the physical examination of claims that contain both physical components and computer programs. Under the reviewing concept of “three nature” as the main line of comprehensive examination, how to carry out an effective examination has become an urgent issue to be solved. Starting from an actual case, this article analyzes the four existing approaches and compares them with their starting points. It concludes that the judgment of “three nature” is the main line, and the essence of censorship is the correct way of censorship.