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Like the other parts of the paragraph 2, computer programs are open to patenting to the extent that they provide a technical contribution to the prior art.In the case of computer programs and according to the case law of the Boards of Appeal, a technical contribution typically means a further technical effect that goes beyond the normal physical interaction between the program and the computer.
Under the European Patent Convention (EPC), European patents shall be granted for inventions which inter alia involve an inventive step. [1] The central legal provision explaining what this means, i.e. the central legal provision relating to the inventive step under the EPC, is Article 56 EPC.
T 641/00, also known as Two identities/COMVIK, is a decision of a Technical Board of Appeal of the European Patent Office (EPO), issued on September 26, 2002. It is a landmark decision regarding the patentable subject matter requirement [1] and inventive step [2] under the European Patent Convention (EPC).
These decisions touch the issue of patentable subject-matter under the European Patent Convention (EPC). The accompanying notes offer an explanation as to the content of the decision. For an introduction to patentable subject-matter under the EPC, see Patentable subject-matter under the EPC and Software patents under the EPC. The organisation ...
Article 83 of the European Patent Convention (EPC) [1] relates to the disclosure of the invention under the European Patent Convention.This legal provision prescribes that a European patent application must disclose the invention (which is the subject of the European patent application) in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.
Under the new rules, if the claims as filed in a European patent application contain a plurality of independent claims in the same claim category and if the EPO considers in that case that the claims therefore do not comply with Rule 43(2) EPC, the EPO may "invite the applicant to indicate, within a period of two months, the claims complying ...
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Software patents under the European Patent Convention List of decisions of the EPO Boards of Appeal relating to Article 52(2) and (3) EPC G 3/08 , opinion issued by the Enlarged Board of Appeal following a referral by the President of the European Patent Office on the question of patentability of computer programs; the referral was eventually ...