Bastian Best

  • Caching security information of a smart card: technical but obvious

    This examination appeal concerns a system for caching information retrieved from a hardware security token, i.e. a smart card or any other tamper-resistant hardware device used to store digital credentials, cryptographic keys or the like. Since it was not even questioned that this is technical subject-matter, the decision is quite straight-forward and “only” deals with inventive step.

    Bastian Best/ European software patents- 73 Leser -
  • The #1 BAD REASON why startups should file patents

    I’m just preparing some presentation slides for a talk I will be giving tomorrow at the Center for Digital Technology and Management, a joint institution of the two universities we have here in Munich. The topic of my lecture will be “IP strategies for startups” – and a large part will be about patents, obviously.

    Bastian Best/ European software patents- 44 Leser -
  • Making software quicker is not patentable

    This is an interesting decision for programmers, since the EPO Board of Appeal 3.5.06 had to decide whether the reduction of the execution time of a computer-implemented method is a technical effect and thus potentially patentable. The board’s answer in a nutshell: The improved speed of a computer program is not by itself a technical contribution to the art.

    Bastian Best/ European software patents- 99 Leser -
  • 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- 86 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- 71 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- 53 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- 94 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- 42 Leser -
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