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This list provides a guide to decisions of the Boards of Appeal of the European Patent Office (EPO) relating to Article 52(2) and (3) 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.
This is a list of decisions and opinions of the Enlarged Board of Appeal of the European Patent Office (EPO) in chronological order of their date of issuance. The list includes decisions under Article 112(1)(a) EPC (following a referral from a Board of Appeal), opinions under Article 112(1)(b) EPC (following a referral from the President of the EPO), "to ensure uniform application of the law ...
Article 52 of the European Patent Convention, which represents the source of UK law in this area and which should have the same meaning [1] states that: (1) European patents shall be granted for any inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.
The Case Law of the Boards of Appeal of the European Patent Office is a book, published by the European Patent Office (EPO), which summarizes the body of case law on the European Patent Convention (EPC) developed by the Boards of Appeal of the EPO since the EPC entered into force at the end of the 1970s.
The Official Journal of the European Patent Office (OJ EPO) is a monthly trilingual publication of the European Patent Office (EPO). It contains "notices and information of a general character issued by the President of the European Patent Office, as well as any other information relevant to [the European Patent Convention (EPC)] or its implementation". [1]
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.
EPO headquarters in Munich, Germany, where the Boards of Appeal were based until 2017.. Decisions of the first instance departments of the European Patent Office (EPO) can be appealed, i.e. challenged, before the Boards of Appeal of the EPO, in a judicial procedure (proper to an administrative court), as opposed to an administrative procedure. [1]
Article 52(2) of the European Patent Convention (EPC) [2] includes a slightly different list of non-inventions, although "programs for computers" are present. Article 52(3) EPC then states that patentability for the identified subject matter or activities is excluded "only to the extent to which a European patent application or European patent ...