EPLAW Patent Blog

DE - Dynamische Dokumentengenerierung (dynamic document generation)

DE - Dynamische Dokumentengenerierung (dynamic document generation), appeal on prosecution proceedings, German Federal Supreme Court, 22 April 2010, Docket No. Xa. ZB 20/08

German Federal Supreme Court closes gap on practice of European Patent Office with respect to computer implemented inventions.

Read a summary in English, provided by Bardehle & Pagenberg, here.

Read the decision (in German) here.

Head note: Tilman Müller-Stoy

EPO - Enlarged Board of Appeal G 3/008 - Computer Implemented Inventions / Inadmissable

Enlarged Board of Appeal, 12 May 2010, Case no. G 3/008, with thanks to Willem Hoyng, Howrey

"T 424/03, Microsoft does deviate from a view expressed in T 1173/97, IBM, concerning whether a claim to a program on a computer-readable medium necessarily avoids exclusion from patentability under Article 52(2) EPC. However this is a legitimate development of the case law and there is no divergence which would make the referral of this point to the Enlarged Board of Appeal by the President admissible.

"The Enlarged Board of Appeal cannot identify any other inconsistencies between the grounds of the decisions which the referral by the President alleges are divergent. The referral is therefore inadmissible under Article 112(1)(b) EPC."

Read the complete EBA opinion head notes below.
Read the entire opinion (in English) here.

Read a summary in English, provided by Bardehle & Pagenberg, here.