Case Law Review – T 2216/09

Case:

T 2216/09

Claimed Subject Matter:

A a system that enabled subscribers of a wireless telecom operator to execute financial transactions with a mobile phone.

Comments:

The system was deemed to mainly relate to an excluded business scheme.

All steps of the underlying business scheme were deemed part of the information provided to the technician in charge of the technical implementation and did not as such contribute to inventive step.

The Appellant argued that the specific transaction platform and client software did not exist in a conventional wireless phone system, and so were out of reach of the normal activity of the person skilled in the art of telephone networks. However, the Board concluded that the person skilled in the art would be able to implement the new system, given the specifications of the underlying business scheme. For example, any extension of the type of financial transactions which can be performed with the account (receive monetary deposits, debit and credit operations) was deemed to be dictated by the underlying business scheme.

[With thanks to Jake Loftus for help finding and reviewing these cases.]

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