Software patents for emerging tech since 2008

It’s the technical contribution!


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 straightforward application of the established COMVIK approach which was created by my colleague Stefan Steinbrener when he was still the chairman of EPO board of appeal 3.5.01.

Read the whole decision here: T 0551/11 (Assigning keywords to content/SKYWORD) of 20.9.2017

Photo by Todd Quackenbush on Unsplash

About Bastian Best

Bastian Best

I'm a European patent attorney specializing in software patents and a partner in one of the most renowned IP only firms in Europe.

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