09 August 2011

Case Law of the EPO Boards of Appeal on Patentability of Computer-related Inventions: An Overview

In a new article titled "EPO Case Law on Patentability of Software Inventions From the 80ies Until Now" on the ksnh::law blog, I provide a summary of a working session on “Patentability of Computer implemented inventions at the EPO” held by Mr. Dai Rees – Chairman of an EPO appeal board and member of the Enlarged Board of Appeals that issued the G3/08 opinion – on the 15th European Patent Judge’s Symposium that took place in Lisbon in September 2010 (cf.  Special edition 1/2011 of EPO Office Journal, pp. 93 to 102; pdf 5 MB).

My personal conclusion is that, after twists and turns throughout the years, related EPO case law has now reached a rather stable situation providing legal certainty for applicants of software inventions, since the G 3/08 opinion basically affirmed the status quo, i.e. the pragmatic problem-solution approach as sketched in T 641/00 (COMVIK) and T 258/03 (Hitachi).