Computer related inventions, in particular business methods: Examination at the European Patent office
Jörg Machek, Johannes Triest
Abstract
Jörg Machek, Johannes Triest
Abstract
The patentability of computer implemented inventions and in particular computer implemented methods for doing business is investigated. The requirements of the European Patent Convention have to be satisfied. The relevant Articles and Rules are looked at and it is sketched how these are interpreted, taking into account relevant decisions of the Boards of Appeal. It is shown how this translates into the everyday life of a patent examiner in the field of ‘business methods’. The pragmatic approach currently in use at the EPO consists of two steps: At first the patentability is checked and then it is established whether the invention as claimed shows an inventive step. For both parts the concept of ‘technicality’ plays an important role. Examples are given to clarify the presented points.
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The patentability of computer implemented inventions and in particular computer implemented methods for doing business is investigated. The requirements of the European Patent Convention have to be satisfied. The relevant Articles and Rules are looked at and it is sketched how these are interpreted, taking into account relevant decisions of the Boards of Appeal. It is shown how this translates into the everyday life of a patent examiner in the field of ‘business methods’. The pragmatic approach currently in use at the EPO consists of two steps: At first the patentability is checked and then it is established whether the invention as claimed shows an inventive step. For both parts the concept of ‘technicality’ plays an important role. Examples are given to clarify the presented points.
Key concepts: Patentability, European patent office, Appeal, Convention, Field (mathematics), Computer science, Patent office, Invention