February 2019 marks the proud start of EUROPEAN SOFTWARE PATENTS with the first batch of decisions:
Two somewhat older decisions relate to the very fundamentals of the EPO’s software patent examination standard: According to the “any hardware approach”, the patent eligibility hurdle only requires one single technical feature (e.g. a computer). The challenging test for most European software patents is inventive step, where only those features which contribute to the solution of a technical problem are taken into account (the so-called “Comvik approach”).
Concerning programming and modelling/simulation, we added decisions where the European Patent Office refused to grant a software patent for parallel programming constructs as well as for programming, modelling and new programming languages. Another more recent case related to a software patent for an expert system for assessing patents.
Two decisions concern mobile phones / apps. The European Patent Office refused to grant a software patent on the concept of automatically uninstalling apps after the trial phase. Also, a method for calendar-based profile switching on small computer devices was found to be non-technical.
In another decision relating to the caching of security information of a smart card, the Board did not dispute that the concept of caching data is technical, but found the invention to be obvious.
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Patrick was a European patent attorney at BARDEHLE PAGENBERG. He was specialized in software patents in Europe both from a prosecution and litigation point of view.
With deep sadness, we announce the sudden and unexpected passing of our dear partner, colleague and friend, Dr. Patrick Heckeler (March 10, 1980–July 12, 2026). He was not only an exceptionally skilled and capable patent attorney, but also a deeply compassionate and kind person. His dedication, energy and positive spirit will be missed. Our thoughts and prayers are with his wife as well as with his family and beloved ones.
You are warmly invited to share your thoughts and memories of Patrick, or your final farewells to him, with us in our online condolence book.
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