Bastian Best

  • European #softwarepatent roundup 03/16

    For all readers interested software patent-related case law, here’s the March’16 roundup: New EPO software patent case law Giving nicknames to business contacts: no technical contribution EP 1 770 625 A1Case T 2428/11 concerned an examination appeal against the rejection of European patent application No. EP 1 770 625 (“Communicating with business customers”).

    Bastian Best/ European software patents- 76 Leser -
  • European #softwarepatent roundup

    While the impact of Alice on US software patents is still heavily discussed, 2016 has so far not produced any revolutionary software-related decisions by the Boards of Appeal of the European Patent Office (EPO) or the German Federal Court of Justice (BGH). The German Federal Patent Court (BPatG), however, has been quite busy.

    Bastian Best/ European software patents- 65 Leser -
  • German software patent 101: What is a “utility model”?

    In addition to patents, there is a utility model in Germany, which is codified in the Utility Model Act (“Gebrauchsmustergesetz”, GebrMG). In contrast to patents, which are substantively examined before grant, German utility models are registered after an examination for formal criteria only. Since a utility model is not substantially examined prior to registration, its vali ...

    Bastian Best/ European software patents- 41 Leser -
  • Only technical features can form an “invention” in Germany

    With the decision Display of Topographic Information the Federal Court of Justice (FCJ) continued its examination methodology for software-related inventions laid out in the Dynamical Generation of Documents decision. In addition, the FCJ held that inventive step (the third hurdle of the German three-step approach) can only be based on the technical features of a patent claim.

    Bastian Best/ European software patents- 78 Leser -
  • German software patent 101: Is software patent-eligible in Germany?

    Is software patentable subject matter in Germany? Yes, if the software is related to an invention which has a technical character and provides a technical contribution to the prior art by solving a technical problem. By contrast, if the software solves only a business-related problem and no technical considerations are involved in its solution, the software is not patentable in Germany.

    Bastian Best/ European software patents- 34 Leser -
  • „Software Patents Worldwide“ – Germany chapter #22

    It’s been a while since our Germany chapter of “Software Patents Worldwide“ was last updated. The revised edition #22 will be published in December and includes the most recent software patent-related decisions of the German Federal Court of Justice (FCJ). In particular, the decisions “image stream” (BGH Bildstrom) and “airplane status” (BGH Flugzeugzustand) are quite interesti ...

    Bastian Best/ European software patents- 42 Leser -
  • Software patents in Europe: Marketing campaigns are not patentable

    The decision T 0983/11 of 17 September 2014 is a good reminder that the EPO does not grant patents on pure business methods, such as marketing campaigns. The patent application at stake concerned an intelligent mail system to coordinate direct mail with other marketing channels. The invention concerns the calculation of dates on which people should be contacted for marketing purposes.

    Bastian Best/ European software patents- 74 Leser -
  • Good news for software patents in Germany?

    Fig. 1 of EP 1 474 927 Regular readers of this blog will know that the German courts tend to follow a comparatively strict approach when it comes to software patents. Following the landmark decision “webpage display” a number of software-related claims have been rejected for either non-statutory subject-matter (since computer programs as such are not patent-eligible) or lack o ...

    Bastian Best/ European software patents- 78 Leser -
  • Software patents in Europe: Inventive gambling

    The EPO grants software patents on gambling methods – well, at least on their technical implementation. Although the actual rules of a game are excluded from patentability, a non-obvious technical implementation of such rules can indeed be patented in Europe, as the following decision shows. The patent application at stake concerned an interactive gambling application (e.g.

    Bastian Best/ European software patents- 81 Leser -
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