How to draft German software patent claims?

Are claims to a computer program acceptable?

If a software-related invention meets the basic patentability criteria and thus is not excluded from patent protection, it can be protected in Germany by all types of claims, including claims directed to a computer program per se.

Are claims for a data carrier necessary?

Since a non-excluded software-related invention can be protected by a claim to the computer program per se, there is generally no need for claiming a tangible medium — for example, a data carrier. However, such aBeauregard type of claim is also possible for protecting patentable software in Germany.

This article is based on excerpts of the “Germany” chapter of “Software Patents Worldwide” by Dr. Hans Wegner and Bastian Best. Reprinted from Software Patents Worldwide, Suppl. 22, December 2015, with permission of Kluwer Law International.

Originally published at on December 29, 2015.

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