Patentability: no computer program ‘as such’

IPPT20060223, TBA-EPO, Microsoft

Patent Law - 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. Moreover, the Board would like to emphasise...


Shape of a bottle can indicate commercial origin

IPPT20041124, ECJ, Henkel v OHIM

Trade Mark Law - Shape of a white transparent bottle possesses required distinctiveness to be registered as a three-dimensional mark


A fixture list for a football league constitutes a database

IPPT20041109, CJEU, Fixtures Marketing v OPAP

Database rights - It refers to any collection of works, data or other materials, separable from one another without the value of their contents being affected.


Use of mark customary and not able to confer distinctive character

IPPT20041005, ECJ, Alcon v OHIM

Trade Mark Law -  Court of First Instance correctly found that the BSS mark had become customary for the target public concerned and the use made of the mark had not...


ECHR did not find breach of Article 10 ECHR concerning inability to find employment under the KGB Act

IPPT20040727, ECHR, Sidabras v Lithuania

Freedom of expression - Inability to find employment because of the KGB Act not a restriction on ability to express views, because searched positions do not involve the imparting of ideas and information does not contitute a breach of Article 10 ECHR


Business scheme lacks technical character

IPPT20040421, TBA-EPO, Hitachi

Patent Law - In general, a method involving technical means is an invention. Subject matter consisting of technical and non-technical features can be an invention. In the Board's view, activities falling within the notion of a non...


Likelihood of confusion between 'Quantum' and 'Quantième'

IPPT20070315, ECJ, T.I.M.E. v OHIM

Trade Mark Law - Fact that earlier mark is only of weak distinctive character is not of overriding importance


Margin of appreciation overstepped by imposing injunction that is too broad

IPPT20031211, ECHR, Krone Verlag v Austria

Publication - Violation of Article 10 ECHR: Austrian courts overstepped their margin of appreciation


Shape of a bottle capable of holding the attention of the public and indicating commercial origin

IPPT20031203, CFI, Nestlé Waters France v OHIM

Trade Mark Law - The Board of Appeal erred in finding that the three-dimensional mark applied for is devoid of any distinctive character


Features of inventions have to contribute to the technical character


Patent Law - Invention can only be made up of those features which contribute to technical character:  where a feature cannot be considered as contributing to the solution of any technical problem by providing a technical effect...


Having technical character is an implicit requirement for inventions

IPPT20000908,TBA-EPO, Pension Benefit Systems

Patent Law - Method for doing business as such: If the method is technical or, in other words, has a technical character, it still may be a method for doing business, but not a method for doing business as such.



Computer programs lack technical character, further technical effect is required

IPPT19980701, TBA-EPO, IBM

Patent Law - Computer programs as such: lacking technical character. Further technical effect required: It is necessary to look elsewhere for technical character: It could be found in the further effects deriving...


A claim to the use of a known compound for a particular purpose should be interpreted as a functional technical feature

IPPT19891211, EBA-EPO, Mobil Oil - Friction reducing additive

Patent Law - New use of a known compound: A claim to the use of a known compound for a particular purpose, which is based on a technical effect which is described in the patent, should be interpreted as including that technical effect as a...


The inventor of a "first medical indication" can obtain purposelimited product protection

IPPT19841205, EBA-EPO, EISAI - Second medical indication

Patent Law - Second medical indication – novelty – Swiss type claim: the inventor of a "first medical indication" can obtain purposelimited product protection for a known substance or composition, without having to restrict himself to the substance...