Patenting the unpatentable in Europe: soft apps, software, gaming and business methods

Our pending cases before both the Examining Divisions and the Boards of Appeal of the EPO are now taking on added significance in the extensive fields of supposed non-patent eligible (excluded "as such") subject-matter, especially in an app-driven world where effective communication underpins business success and opportunity.

Our arguments and practice notes have pre-empted the concerns expressed by the Enlarged Board of Appeal of the EPO [in G003/08] and the US Supreme Court in Bilski, aligned these concerns with both real-life commercial systems and case law and now function to develop a line of reasoned objectivity.

Making use of a working rapport with eminent judges and senior patent office examiners, we are refining a consistent legal approach that reconciles the tipping-point at which a technically-implemented system addressing predominantly administrative functions can be considered to take on a technical character by providing some form of technical solution, i.e. protecting commercial systems that from the outset appear faster, better, more reliable, etc. As a base, we draw on an extensive technical, in-house commercial and IP expertise spanning more than 20 years to focus on the bigger international picture. But we never lose sight of the detail (when it counts).

If there’s a problem, we believe that our experience can help you achieve a successful IP outcome in an environment where success is often difficult. For more information, please contact Bruce C. Dearling, Partner at Hepworth Browne for established and emerging telecommunication technologies.