bastianbest.com

Software patents for emerging tech since 2008

It’s not about being right, it’s about getting the best result.

Hi, My Name Is Bastian Best ...

… I’m a European patent attorney specializing in software patents

After graduating in computer science at the Technical University Munich, I quickly realized my talent for explaining difficult technical stuff to the man on the street (and less for coming up with technical innovations myself). So it was only logical to become a patent attorney. 

Today, ten years later I work as a partner in one of the most renowned IP firms in Europe.

Legal 500 IP Forum "Creating profitable IP strategies", 2018

Besides practicing patent law and representing cutting-edge software and ICT pioneers, I enjoy speaking about all things patents and emerging technologies at IP conferences around the world. Lately, my special interest is in artificial intelligence, machine learning, blockchain, cryptography, the Internet of Things, the patentability issues involved in these technologies, and how they will change the legal industry. If you see me, just say hi and let’s chat over coffee.

You can find my full bio on my firm’s website and on LinkedIn.

Patents And Emerging Tech

Bastian Best
Serious IP talk at the IP Executive Week 2018. Need to work on my posture though... (Photo © European Patent Office)

How To Get In Touch

If you need assistance with your software patents in Europe and want to hire me, the best way to reach me is by email.

If you want to loosely stay in touch, feel invited to connect with me on LinkedIn or Twitter.

Also, sometimes I feel like writing my thoughts into the interwebs which you can find in chronological order below. Sharing and comments appreciated!

 

Bastian Best's Scrapbook

Is blockchain a solution that’s looking for a problem?

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Last week, I had a great time talking about blockchain for IP registers at the IP Executive Week. It’s an event organized by the EPO and EUIPO where management level staff of international IP offices met in Munich to learn about the technological and organizational challenges of the future. I was impressed to see that the EPO already uses artificial intelligence to a great extent throughout...

Blockchain for IP registers – the next big thing or just hype?

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Everyone seems to be talking about blockchain and how it will disrupt virtually any industry in the near future. The IP community is no exception, some say. I will be speaking at the “IP Executive Week” in Munich next week, where management level staff from national and regional IP offices will meet to learn about the impact of cutting-edge technology such as AI and blockchain, as...

Always double check the publication date

A

I had it once before in my 10 years working as a patent attorney, and for the second time yesterday: The patent examiner cites a patent application as prior art that actually isn’t prior art. In yesterday’s case, the application had already been rejected by the examination division. We managed to reverse the rejection on appeal, and the board of appeal had remitted the case back to...

Displaying internet search results: mostly non-technical presentation of information

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This examination appeal decision concerns one of the items on the list of things excluded from patentability that is often encountered when dealing with graphical user interface design: the presentation of information. As we will see, unless the displayed information relates to an internal state of a technical system, or the way of displaying it facilitates a continued human-machine interaction...

More fine-grain spam filtering is patent-eligible, says the EPO

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This recent decision is a good reminder about how the European Patent Office treats “mixed” inventions, i.e. inventions including both technical and non-technical aspects: It is established jurisprudence of the Boards of Appeal that a non-technical feature of a claim is a feature relating to non-inventions within the meaning of Article 52(2) EPC and does not contribute to the solution...

Alice and software patents

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Here’s a quick question to my US patent practitioner friends. Do I understand the current application of Alice/Mayo correctly in that it involves: a weighing of the patent-eligible and ineligible parts of the claim? a comparison with the prior art? At least for me, this court decision says so, doesn’t it? “Based on this characterization, the court found that “[t]he weight of the claim...

It’s the technical contribution!

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Just in case you forgot about the examination standard for software patents at the EPO, the recent decision T 0551/11 sums it up pretty nicely: “The question of inventive step requires an assessment of whether the invention makes a technical contribution over the prior art. Features which do not make such a contribution cannot support the presence of an inventive step.” This is a pretty...

The hardships of attorney marketing

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Just like every year in springtime, I revamped my professional profile on my firm‘s website (and you should probably do so, too!).
The hardest part for me was formulating a clever quote/motto. Well, this is what I came up with:
„It‘s not about being right, but about getting the best result.“
What are your thoughts? Tell me your first association in the comments below!

Patent infringement in the cloud

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Can your company be liable for patent infringement for using an external cloud provider? My partner Peter K. Hess and I spent some thoughts on this in an article on cloudmagazin.com (in German). In a nutshell: Outsourcing parts of your business to an external cloud service does not immunize your company from patent infringement liability. Most cloud providers offer measures to shield their...

Pick up the phone and call the patent examiner!

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It was great discussing with an EPO examiner live on stage at yesterday’s BARDEHLE IP Academy. The topic was “patent prosecution best practises from the point of view of a patent attorney and patent examiner”. One of my key takeaways: We are all human (yes, both patent attorneys and examiners) and everybody basically just wants to make a good job. Pick up the phone more often and talk...

bastianbest.com Software patents for emerging tech since 2008