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”).(more…)
Bastian is a European patent attorney at BARDEHLE PAGENBERG. He specializes in software patents in Europe both from a prosecution and litigation point of view.