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March 19, 1986, T 51/84 (Coded distinctive mark/Stockburger). [2] The Board held that if a claim focuses solely on procedural steps involved in applying a coded distinctive mark to an object without indicating or presupposing technical means for carrying them out, a process of this kind is excluded from patentability by Article 52(2)(c) and (3) EPC.
T 258/03, also known as Auction Method/Hitachi, is a decision of a Technical Board of Appeal of the European Patent Office (EPO), issued on April 21, 2004. It is a landmark decision for interpreting Article 52(1) and (2) of the European Patent Convention (EPC) which built on the principles suggested by the same Board in T 641/00 (Comvik, Two identities).
As the directive was rejected, pre-existing law has remained in place, and computer-implemented inventions are currently governed by Article 52 of European Patent Convention. Article 52 prohibits certain patents, including patents on programs for computers, but only as such. It is often interpreted by European Patent Office as well as by courts ...
European Patent Office, Examination of computer-implemented inventions at the European Patent Office with particular attention to computer-implemented business methods, Official Journal EPO, 11/2007, pp 594–600. Philip Leith, Software and Patents in Europe, Cambridge University Press, UK, 2007, ISBN 9780521868396, pp. 212
The European Patent Office is the only body that can perform legally effective publication and registration of European patent applications and patents. It regularly issues warnings about scams by firms and individuals that invite applicants to register patents in unofficial registers or publications. [ 5 ]
The European Patent Office (EPO) [notes 1] is one of the two organs of the European Patent Organisation (EPOrg), the other being the Administrative Council. [4] The EPO acts as executive body for the organisation [5] [6] while the Administrative Council acts as its supervisory body [5] as well as, to a limited extent, its legislative body.
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Article 52(3) EPC then qualifies Art. 52(2) EPC by stating: The provisions of paragraph 2 shall exclude patentability of the subject-matter or activities referred to in that provision only to the extent to which a European patent application or European patent relates to such subject-matter or activities as such.