Data processing method, Federal Court of Justice (Bundesgerichtshof), 20 January 2009

Kluwer Patent Blog
January 20, 2009

Please refer to this post as: , ‘Data processing method, Federal Court of Justice (Bundesgerichtshof), 20 January 2009’, Kluwer Patent Blog, January 20 2009, http://patentblog.kluweriplaw.com/2009/01/20/data-processing-method-federal-court-of-justice-bundesgerichtshof-20-january-2009/


The Federal Court of Justice clarified the interdependencies of its case law concerning computer implemented inventions. An application has technical character if a non technical feature is inserted in a technical process. The comprehensive inspection of the object of the application does not allow discretionary weighing of technical and nontechnical parts. Due to the exemption from patentability of Section 1 Paragraph 3 No. 3 German Patents Act, the application has to solve a technical problem by technical means. Therefore only technical aspects are relevant to assert the exemption.

The full summary of this case has been posted on Kluwer IP Law.