Archive for August, 2012

Case:

T 1798/07

Claimed Subject Matter:

Arrangement and method for tele-commerce with client profiles (payment processing).

Comments:

A technical problem was considered to be “how to technically implement an underlying business method”. The solution to this problem was taken to be obvious when compared with a number of networked standard general-purpose computers.

A feature of the technical implementation of the underlying business method that was taken into consideration was the use of pre-stored client profile data, which enhanced the speed of a transaction. This capability ensured that the client need not repeatedly enter data. However, such a feature was deemed to be well-known in the art.

Case:

T 0313/10

Claimed Subject Matter:

Matching items with items in a table.

Comments:

This case confirms that one indication of technical character is that the method has an overall technical effect, such as controlling some physical process. On the facts, the claimed invention was found to provide either an abstract data-processing effect or, taking into account the specific embodiment of matching books and compact discs, an effect in the field of business. Neither of these effects was deemed to indicate technical character.

The board did indicate though that that, based on T 424/03  or T 1351/04, a technical effect may arise from “functional data structures”. For example, an index may have technical character as it controls a computer by directing it to a certain memory location. However on the facts of the present case, the indexes in the claim were well-known or “generic”.

Case:

T 629/11

Claimed Subject Matter:

Personalization of data services.

The invention concerns the presentation of information in an Internet browser, and the management of the information and the way it is presented, so as to evoke a desired response in the user.

Comments:

The method as claimed was deemed prima facie not excluded from patentability because it modified “Internet browser pages”.

However, the underlying method was deemed to be a means of manipulating information and its presentation, in order to affect the perceptions or behaviour of users.

As such the underlying method was not technical. Instead, it was more appropriately classified as a form of applied psychology, and the field of application might be, for example, advertising or education. As such, being non-technical, it could not contribute to inventive step. Any remaining technical features related simply to the provision of information on an Internet browser page, which was well-known.