Purposive construction

Print this page 25-05-2008



Purposive construction and article 69 EPC. Person skilled in the art reads [the claim or] the specification on the assumption that its purpose is to both to describe and to demarcate an invention


Methods of business research are excluded "as such" from patentability

Print this page 18-11-2006



Methods of business research are excluded "as such" from patentability under Article 52(2)(c) and (3) EPC.

"2. The Board judges that in analogy to schemes, rules, and methods of doing business, methods of business research are excluded "as such" from pat-entability under Article 52(2)(c) and (3) EPC."


Business scheme lacks technical character

Print this page 22-04-2004



Invention: technical character

"3.1 In accordance with the established case law of the boards of appeal, the term "invention" is to be construed as "subject-matter having technical character"."


Subject matter consisting of technical and non-technical features can be an invention

Features of inventions have to contribute to the technical character

Print this page 26-09-2002



Invention can only be made up of those features which contribute to technical character

"6.  Further, 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."


Having technical character is an implicit requirement for inventions

Print this page 08-09-2000



Having technical character is an implicit requirement for inventions

Computer programs lack technical character, further technical effect is required

Print this page 02-07-1998



No direct applicability of TRIPs: Apart from any other considerations TRIPS is binding only on its member states. The European Patent Organisation itself is not a member of the WTO and did not sign the TRIPS Agreement.


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

Print this page 11-12-1989



Change of category of claims: A change of category of granted claims in opposition proceedings is not open to objection under Article 123 (3) EPC, if it does not result in extension of the protection conferred by the claims as a whole, when they are interpreted in accordance with Article 69 EPC and its Protocol. In this context, the national laws of the Contracting States relating to infringement should not be considered.


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

Print this page 05-12-1984



Vienna Convention applies to interpretation of European Patent Convention:there are convincing precedents for applying the rules for interpretation of treaties incorporated in the Vienna Convention to a treaty to which in terms they do not apply.