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 it has no significance for the purpose of assessing inventive step.Formulation technical …


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.

Apparatus claim:  a computer system suitably programmed for use in a particular field, even if that is …


Court of Justice EU about restriction of competition under license agreement

IPPT19890512, ECJ, Ottung

Competition Law - A contractual obligation under which the grantee of a licence for a patented invention is required to pay royalty for an indeterminate period, and thus after the expiry of the patent, does not in itself constitute a restriction of competition within the meaning of Article 85(1) of the EEC Treaty, …


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 from the execution (by the hardware) of the instructions given by the computer program. Where said further …


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 functional technical feature, and is accordingly not open to objection under …


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 or composition when in a form technically adapted to a specified …


Court of Justice on freedom to provide services in the context of film screening rights

IPPT19800318, ECJ, Coditel v Cine Vog

Copyright - The provisions of the Treaty relating to the freedom to provide services do not preclude an assignee of the performing right in a film in a Member State from relying upon his right to prohibit the exhibition of that film in that State, without his authority, by means of cable diffusion in the film so …