23 July 2011

BGH X ZR 121/09 Confirms New German Approach To Examination of Software Inventions

In a new article titled "German Federal Court of Justice Confirms New German Approach To Software Patent Examination (BGH X ZR 121/09)" on the ksnh::law blog, I discuss the decission X ZR 121/09 ("Webseitenanzeige") of the German Federal Court of Justice (BGH) confirming the "new" German approach to examining patent-eligibility of software inventions as sketched by a number of earlier BGH decisions (see e.g. here, here, here, and here). As a conclusion, applicants of software-implemented methods will now be on the safe side as regards technicality issues if the invention is claimed within an embedded system framework, i.e. as a method controlling a technical apparatus or collecting, evaluating and processing (technical) data by means of a technical apparatus.