T 641/00, European Patent Convention, Appeal procedure before the European Patent Office, T 931/95
Tort
(2012-01-01
)
eligible for voucher
ISBN-13:
978-613-9-25653-2
ISBN-10:
6139256534
EAN:
9786139256532
Book language:
English
Blurb/Shorttext:
Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. T 258/03, also known as Auction Method/Hitachi, is a decision of a Technical Board of Appeal of the European Patent Office (EPO), issued on April 21, 2004. It is a landmark decision for interpreting Article 52(1) and (2) of the European Patent Convention (EPC) which built on the principles suggested by the same Board in T 641/00 (Comvik, Two identities). This decision, amongst others, but notably this one and T 641/00, significantly affected the assessment of an invention’s technical character and inventive step. It mainly stated that "a method involving technical means [was] an invention within the meaning of Article 52(1) EPC" and in stating so contrasts with T 931/95 (Pension Benefit Systems Partnership), which held that "the mere fact that data processing and computing means, i.e. technical means, [were] recited in a method claim [did] not necessarily confer a technical character to the claimed method". T 258/03 put apparatus and method claims on an equal footing for the patentability examination of Article 52(2) EPC.