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

Caching security information of a smart card: technical but obvious

C

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.

The #1 BAD REASON why startups should file patents

T

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.
And here’s one of the key messages of my lecture:

Programming, modelling, and new programming languages are hardly patentable

P

As in the previous decision, also this decision is rather bad news for software developers who intend to protect their creations with software patents. Some key takeaway messages: Neither modelling nor programming is, by itself, a technical undertaking Modifications to a programming language that enable the programmer to develop a program with greater ease, speed or accuracy, do not make a...

Software Patents Worldwide — Germany chapter hot off the press

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As every year, I’ve used the Christmas holidays to update my contribution to Software Patents Worldwide. It’s a comprehensive loose-leaf collection published by Kluwer Law International and provides expert insights and how-to guidance on drafting software patent claims in the world’s key markets.

Making software quicker is not patentable

M

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.

Software patents in Europe: It’s all about the technical contribution!

S

Is software patentable in Europe? Well, the short answer is “Yes”, but only if it provides a non-obvious technical contribution: In other words, the invention needs to solve a technical problem in a clever way. For example, if the software runs more efficiently, more secure, more robust, more scalable, or more user-friendly , your software patent is in pretty good shape! (provided that the...

Making software quicker is not necessarily patentable

M

As the skilled reader will know, at the EPO only features which make a technical contribution enter into the examination of inventive step (obviousness) whereas non-technical features are disregarded. In this decision, the EPO board of appeal had to decide whether a computer program that it is faster than an earlier one makes the required technical contribution. The board’s answer in a nutshell:...

bastianbest.com Software patents for emerging tech since 2008