What must be determined regarding a software invention?

The determination of what the programmed computer does and its configuration is crucial for assessing a software invention's patentability. In the context of patent examination, the focus lies on the technical implementation of the software and how it interacts with the underlying hardware. This involves understanding the specific functions the software performs and the way it is structured or configured to carry out those functions.

This understanding is vital because, for a software invention to be patentable, it must satisfy the requirements of novelty, non-obviousness, and utility. The examination process evaluates whether the software provides a technological solution to a problem and how it achieves this through its programming and operation on a computer or similar device. Patent claims must clearly articulate these aspects to establish the boundaries of the invention and its differentiation from prior art.

In contrast, aspects such as marketing strategies, the choice of programming languages, or identifying target users, while relevant in broader business contexts, do not directly inform the patentability analysis of the software itself. Therefore, focusing on the actions and configuration of the programmed computer is fundamental for a comprehensive evaluation of a software innovation's patentable attributes.