T 0740/06 citing T 0258/03:
{
[1,1] = Die beanspruchte Vorrichtung zur Handhabung von Kennzeichnungsdaten umfasst eine elektronische Verarbeitungseinrichtung, eine Speichereinrichtung, eine Einrichtung zur Eingabe der Kennzeichnungsdaten und eine Einrichtung zur Ausgabe von Kennzeichnungsdaten. Der Gegenstand des Anspruchs 1 weist daher den erforderlichen technischen Charakter auf, siehe die Entscheidung T 258/03-Auktionsverfahren/HITACHI (ABl. EPA 2004, 575).
}
T 0530/07 citing T 0258/03:
{
[1,1] = 4.3 As regards the character of the subject-matter of claim 1, it is well established case law of the Boards of Appeal that it is legitimate to have a mixture of technical and non-technical features in a claim, ie the measuring and displaying as well as the computing of values based on a mathematical formula as claimed in claim 1 defines a patentable invention within the meaning of Article 52(2) and (3) EPC. This was acknowledged by the Appellant, and indeed has not been raised as a ground for opposition. In the view of the Board, whether the method step of computing two parameters by use of an equation is a technical feature giving rise to a patentable invention lies within the framework of the examination as to inventive step (cf. points 6.3 and 6.4 below). See CLBA 5th edition 2006, I.D.8.1.1, in particular T 641/00 (supra), points 4 to 6 of the Reasons, and T 258/03 (OJ EPO, 2004, 575).
}
G 0002/07 citing T 0258/03:
{
[1,1] = Following the abandonment of the „contribution approach“, it was established in decision T 258/03 (OJ EPO 2004, 575, Headnote 1 and points 4.3 et seq. of the Reasons) that any method claim involving technical means is not excluded from patentability by Article 52(2) EPC (see also the Enlarged Board’s opinion G 3/08 of 12 May 2010, to be published, point 10.7 of the Reasons).
[1,2] = In the area of delimiting unpatentable non-technical subject-matter under Article 52(2) EPC from technical inventions, it has long been recognised that „it may be determined whether a claim to a computer program is excluded from patentability by Articles 52(2) and (3) EPC independent of the prior art“ (T 1173/97, OJ EPO 1999, 609, point 13 of the Reasons; G 3/08, point 10.4 of the Reasons; see also T 258/03, loc. cit., points 4.3 and 4.4 of the Reasons). The same should apply to the delimitation of unpatentable essentially biological from patentable technical subject-matter.
}
G 0001/08 citing T 0258/03:
{
[1,1] = Following the abandonment of the „contribution approach“, it was established in decision T 258/03 (OJ EPO 2004, 575, Headnote 1 and points 4.3 et seq. of the Reasons) that any method claim involving technical means is not excluded from patentability by Article 52(2) EPC (see also the Enlarged Board’s opinion G 3/08 of 12 May 2010, to be published, point 10.7 of the Reasons).
[1,2] = In the area of delimiting unpatentable non-technical subject-matter under Article 52(2) EPC from technical inventions, it has long been recognised that „it may be determined whether a claim to a computer program is excluded from patentability by Articles 52(2) and (3) EPC independent of the prior art“ (T 1173/97, OJ EPO 1999, 609, point 13 of the Reasons; G 3/08, point 10.4 of the Reasons; see also T 258/03, loc. cit., points 4.3 and 4.4 of the Reasons). The same should apply to the delimitation of unpatentable essentially biological from patentable technical subject-matter.
}
T 0914/02 citing T 0258/03:
{
[1,1] = The above finding is also consistent with more recent case law (see T 258/03 (OJ 2004, 575), point 4 of the reasons) according to which a method (always) has technical character when it involves the use of technical means.
[1,2] = In this respect, it should be borne in mind, following the above cited decision T 258/03 (see reasons 5, confirming T 641/00 (OJ 2003, 352)), that where a claim contains both features pertaining to the realm of non- inventions listed in Article 52(2) EPC as well as further features, such as features pertaining to the use of technical means, for the purposes of the assessment of inventive step only those features of the claim can be disregarded which do not contribute to a technical character of the claimed subject-matter.
}
T 0411/03 citing T 0258/03:
{
[1,1] = Claim 1 relates to a method implemented in a computer system. T 258/03 - Auction method/Hitachi (OJ EPO 2004, 575) states that a method using technical means is an invention within the meaning of Article 52(1) EPC. A computer system including a memory (clipboard) is a technical means, and consequently the claimed method has technical character in accordance with established case law.
[1,2] = 6.3 Claim 3 is directed to a computer-readable medium having computer-executable instructions (i.e. a computer program) on it to cause the computer system to perform the claimed method. The subject-matter of claim 3 has technical character since it relates to a computer-readable medium, i.e. a technical product involving a carrier (see decision T 258/03 - Auction method/Hitachi cited above). Moreover, the computer-executable instructions have the potential of achieving the above-mentioned further technical effect of enhancing the internal operation of the computer, which goes beyond the elementary interaction of any hardware and software of data processing (see T 1173/97 - Computer program product/IBM; OJ EPO 1999, 609). The computer program recorded on the medium is therefore not considered to be a computer program as such, and thus also contributes to the technical character of the claimed subject-matter.
}
T 0424/03 citing T 0258/03:
{
[1,1] = Claim 1 relates to a method implemented in a computer system. T 258/03 - Auction method/Hitachi (OJ EPO 2004, 575) states that a method using technical means is an invention within the meaning of Article 52(1) EPC. A computer system including a memory (clipboard) is a technical means, and consequently the claimed method has technical character in accordance with established case law.
[1,2] = 5.3 Claim 5 is directed to a computer-readable medium having computer-executable instructions (i.e. a computer program) on it to cause the computer system to perform the claimed method. The subject-matter of claim 5 has technical character since it relates to a computer-readable medium, i.e. a technical product involving a carrier (see decision T 258/03 - Auction method/Hitachi cited above). Moreover, the computer-executable instructions have the potential of achieving the above-mentioned further technical effect of enhancing the internal operation of the computer, which goes beyond the elementary interaction of any hardware and software of data processing (see T 1173/97 - Computer program product/IBM; OJ EPO 1999, 609). The computer program recorded on the medium is therefore not considered to be a computer program as such, and thus also contributes to the technical character of the claimed subject-matter.
}
T 0425/03 citing T 0258/03:
{
[1,1] = Claim 1 relates to a method implemented in a computer system. T 258/03 - Auction method/Hitachi (OJ EPO 2004, 575) states that a method using technical means is an invention within the meaning of Article 52(1) EPC. A computer system including a memory (clipboard) is a technical means, and consequently the claimed method has technical character in accordance with established case law.
[1,2] = 6.3 Claim 5 is directed to a computer-readable medium having computer-executable instructions (i.e. a computer program) on it to cause the computer system to perform the claimed method. The subject-matter of claim 5 has technical character since it relates to a computer-readable medium, i.e. a technical product involving a carrier (see decision T 258/03 - Auction method/Hitachi cited above). Moreover, the computer-executable instructions have the potential of achieving the above-mentioned further technical effect of enhancing the internal operation of the computer, which goes beyond the elementary interaction of any hardware and software of data processing (see T 1173/97 - Computer program product/IBM; OJ EPO 1999, 609). The computer program recorded on the medium is therefore not considered to be a computer program as such, and thus also contributes to the technical character of the claimed subject-matter.
}
T 0467/03 citing T 0258/03:
{
[1,1] = Claim 1 relates to a method implemented in a computer system. T 258/03 - Auction method/Hitachi (OJ EPO 2004, 575) states that a method using technical means is an invention within the meaning of Article 52(1) EPC. A computer system including a memory (clipboard) is a technical means, and consequently the claimed method has technical character in accordance with established case law.
[1,2] = 6.3 Claim 4 is directed to a computer-readable medium having computer-executable instructions (i.e. a computer program) on it to cause the computer system to perform the claimed method. The subject-matter of claim 4 has technical character since it relates to a computer-readable medium, i.e. a technical product involving a carrier (see decision T 258/03 - Auction method/Hitachi cited above). Moreover, the computer-executable instructions have the potential of achieving the above-mentioned further technical effect of enhancing the internal operation of the computer, which goes beyond the elementary interaction of any hardware and software of data processing (see T 1173/97 - Computer program product/IBM; OJ EPO 1999, 609). The computer program recorded on the medium is therefore not considered to be a computer program as such, and thus also contributes to the technical character of the claimed subject-matter.
}
T 0468/03 citing T 0258/03:
{
[1,1] = Claim 1 relates to a method implemented in a computer system. T 258/03 - Auction method/Hitachi (OJ EPO 2004, 575) states that a method using technical means is an invention within the meaning of Article 52(1) EPC. A computer system including a memory (clipboard) is a technical means, and consequently the claimed method has technical character in accordance with established case law.
[1,2] = 6.3 Claim 3 is directed to a computer-readable medium having computer-executable instructions (i.e. a computer program) on it to cause the computer system to perform the claimed method. The subject-matter of claim 3 has technical character since it relates to a computer-readable medium, i.e. a technical product involving a carrier (see decision T 258/03 - Auction method/Hitachi cited above). Moreover, the computer-executable instructions have the potential of achieving the above-mentioned further technical effect of enhancing the internal operation of the computer, which goes beyond the elementary interaction of any hardware and software of data processing (see T 1173/97 - Computer program product/IBM; OJ EPO 1999, 609). The computer program recorded on the medium is therefore not considered to be a computer program as such, and thus also contributes to the technical character of the claimed subject-matter.
}
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