Only the technical solution of a technical problem is patent-eligible in Germany

von Bastian Best

The decision Dynamical Generation of Documents of 22 April 2010 is one of the most important landmark decisions with regard to the patentability of software in Germany, since it establishes the German “three-step approach” for assessing the patentability of software patents, as it is valid today.

The case at stake

The case to be decided was the rejection of a German patent application. The invention was directed to the automated generation of structured documents (e.g. HTML pages) based on template documents such as Java Server Pages.

The relevant patent claim reads as follows (English translation):

A method for dynamically generating structured documents on at least one host computer which communicates with a client, comprising the steps of:

– receiving requirement data from the client at the host computer,

– extracting request parameters from the requirement data,

– mapping the request parameters, by a control module, to a command set of a software-architecture-specific interface module of the host computer,

– dynamically generating a structured document using at least one template document which contains calls of service takers, wherein instructions of the service takers are extracted by the interface module and mapped to a corresponding set of commands of the interface module which is limited to a subset of the service takers, which instructions are executed in a runtime environment of the control module using the mapped request parameters and which define after execution content and/or structure of the generated document,

– transferring the dynamically generated structured document to the client ...

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