Author Archive

Grouping of multiple objects: non-technical

This decision concerns an European patent application relating to a method for displaying a view. Here are the practical takeaways from the decision T 1803/21 (Grouping of multiple objects/HUAWEI) of Technical Board of Appeal 3.5.03.

Key takeaways

The mere fact of grouping objects in accordance with user-defined sorting attributes – in particular the size of occupied storage space – and associating them with respective group identifiers cannot credibly assist the user in performing a technical task by means of a continued and/or guided human-machine interaction process.

Features merely dictated by (subjective) user preferences cannot contribute to a credible technical effect.

The invention

The invention underlying the present decision provides a method for displaying a view on a terminal device.

Figure 5 of EP3282679

Here is how the invention was defined in claim 1:

  • Claim 1 (sole request)

Is it patentable?

The examining division found that claim 1 lacks an inventive step over D1 (US 2012/0290984 A1) and thus refused the application.

The applicant appealed but was unable to change the outcome of the case. The Board in charge dismissed the appeal with the following reasonings:

1.1.2 The board agrees with the appellant and the examining division that the subject-matter of claim 1 differs from D1 in features c.), e.) and g.), i.e. grouping is done if the quantity of multiple objects is greater than or equal to a preset threshold – otherwise the method ends – and the multiple sorted objects are grouped according to values of sizes of storage space occupied by the multiple objects if the sorting attribute is the value type, corresponding to a size of occupied storage space.

1.1.3 The appellant submitted that those features had the technical effect of optimising the use of screen space. In particular, feature c.) served this effect by limiting a grouping to cases where a grouping was actually necessary; features e.) and g.) worked towards this effect by grouping the storage space required by the individual entries. All of these features worked towards the joint effect of optimising the use of screen space.

1.1.4 The appellant further commented on the reasons provided in the appealed decision as follows:

(a) In Reasons 12.1.3.1 of the appealed decision, the examining division did not provide any proof or even argumentation for the allegation that the skilled person would realise that, for a very small number of items, it is not beneficial to group them but instead that grouping was a way to provide some order when there are too many objects.

(b) In Reasons 12.1.3.2, the examining division further argued that features e.) and g.) would correspond to a design variation. Especially, the examining division argued that it was well known to use different sorting criteria and mentioned the “Windows Explorer” as a proof for this. First of all, the examining division did not provide a specific example of the “Windows Explorer” predating the priority date of the present application. Also, a specific piece of software could not be considered as proof of the general knowledge of the skilled person. Moreover, the argumentation of the examining division was inherently flawed since the examining division did not show a grouping according to the size of occupied storage space. Such a grouping is completely uncommon and was not found in any version of the “Windows Explorer” according to the knowledge of the applicant.

1.1.5 In response to the board’s preliminary opinion, the appellant added that, by checking whether the number of objects was greater than or equal to the preset threshold, a reduction in the processing burden imposed on the terminal device was achieved. The grouping was only done if the number of objects was greater than or equal to the preset threshold, but otherwise the method was ended. Therefore, a subsequent processing – in the sense of a subsequent grouping – was only done if the number of objects was greater than or equal to the preset threshold. If the number of objects was less than the preset threshold, no further method steps were executed. The grouping method steps were only executed if it was really worth executing those method steps, reducing the processing burden imposed onto the terminal device since, if the number of objects was less than the preset threshold, nothing was done.

1.1.6 These arguments are not convincing. With respect to the purported technical effect of distinguishing features c.), e.) and g.), the board is not persuaded that the grouping of multiple sorted objects according to a user-defined sorting attribute indeed leads to an “optimisation of the screen space” given that:

(a) according to feature i.), the view generated comprises all the group identifiers forming the multiple group identifiers and the multiple objects, and

(b) no indication is given about the graphical representation of objects and group identifiers (e.g. icon size, font size, etc.).

Even if it did, the mere fact of grouping objects in accordance with user-defined sorting attributes – in particular the size of occupied storage space – and associating them with respective group identifiers cannot credibly assist the user in performing a technical task by means of a continued and/or guided human-machine interaction process (cf. e.g. T 336/14, Reasons 1.2.5). Rather, the distinguishing features merely relate to the obvious implementation of a certain type of presentation of information which is merely dictated by (subjective) user preferences. According to the jurisprudence of the Boards of Appeal, such features cannot contribute to a credible technical effect (see e.g. T 1802/13, Reasons 2.1.5).

Finally, the arguments concerning the alleged reduction of the processing burden do not sway the board. In essence, the appellant compares the claimed situation with one where grouping would be done irrespective of the quantity of objects. However, as explained above, the selection of the minimum quantity of the multiple objects – as per feature c.) – is not associated with any quantifiable objective technical assessment but with a (subjective) user preference.

More information

You can read the whole decision here: decision T 1803/21 (Grouping of multiple objects/HUAWEI) of Technical Board of Appeal 3.5.03.

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Generating maps of local activation times: not technical

This decision concerns an European patent application relating to a method for mapping local activation times from a plurality of electrophysiology data points. Here are the practical takeaways from the decision T 0855/22 (Mapping sub-conventions/ST. JUDE MEDICAL) of Technical Board of Appeal 3.5.05.

Key takeaways

An “increased graphical granularity” does not relate to a technical effect but to a non-technical cognitive effect.

It is not enough merely to assert that the “presentation of information” assists the user in doing something.

 

The invention

The invention relates generally to cardiac therapeutic procedures, such as cardiac ablation. In particular, the invention relates to a method for generating maps of local activation times. According to the application, electrocardiographic mapping is a part of numerous cardiac and diagnostic and therapeutic procedures. As the complexity of such procedures increases, however, the electrophysiology maps utilized must increase in quality, in density, and in the rapidity and ease with which they can be generated.

Figure 1 of EP3580763

Here is how the invention was defined in claim 1:

  • Claim 1 (main request)

Is it patentable?

The examining division found that claim 1 lacked an inventive step over D1 (US 2015/228254 A1).

The Board confirmed the finding by the examining division:

1.2 Claim 1 of the main request differs from D1 essentially in that different mapping sub-conventions are used for different sub-maps of an LAT map corresponding to sub-ranges of LAT data. The appellant argued that this allowed an “improved visualization of arrythmias by increasing granularity when graphically representing the LAT sub-maps”.

1.3 However, contrary to Reasons 11.3 of the contested decision, the board is not convinced that the distinguishing features of claim 1 of the main request solve any objective technical problem. Instead, they merely involve “presentation of information” as such. An “increased graphical granularity” does not relate to a technical effect but to a non-technical cognitive effect.

1.4 The appellant argued that there was a technical effect in the case at hand since it assisted a physician to treat arrythmia but did not explain this any further. However, “presentation of information” can rarely contribute to the technical character of the invention if [unless] it credibly assists the user in performing a technical task by means of a continued and guided human-machine interaction process. For this purpose, it is not enough – as in the present case – merely to assert that the “presentation of information” assists the user in doing something. The board can only speculate as to whether the appellant meant that the presentation of information in the case at hand might be useful for a physician to distinguish different patterns of arrythmia. However, this is not a technical task but an intellectual task eventually performed by the physician. The board does not regard such kind of an assistance as a technical effect. Thus, the above distinguishing features cannot support the presence of inventive step.

1.5 Therefore, in accordance with the conclusions of the contested decision, claim 1 of the main request does not involve an inventive step (Article 56 EPC).

None of the auxiliary requests was found to overcome the above objection. Finally, the Board dismissed the appeal and the European patent application was refused.

More information

You can read the whole decision here: decision T 0855/22 (Mapping sub-conventions/ST. JUDE MEDICAL) of Technical Board of Appeal 3.5.05.

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Extracting flight data: not technical

This decision concerns an European patent application relating to a method for compilation of price data concerning scheduled transport. Here are the practical takeaways from the decision T 1468/20 of the Technical Board of Appeal 3.5.01.

Key takeaways

The specification of transport data relates to business data content and is not technical.

In the claim, the filtering boils down to disregarding prices that were not offered to a sufficient number of different users. This is a purely business idea.

 

The invention

The invention concerns an Internet service aggregating transport price data, e.g. flight prices, collected from users’ searches of prices on transport providers’ websites.

Claim 1 of the main request specifies a method which searches and extracts flight data from various airline web pages that users view and provide this data to a central data receiving (second) server 22 for storage in a database 26. This database is searchable through the Internet via a further server 28.

The web page containing the price data served by the airline’s website also contains a script. The users’ browsers (clients) 20 execute the script which searches the web page and extracts the price data.

In order to ensure the reliability of received flight prices, the data receiving server monitors IP addresses of the clients and only considers a flight price as trusted and suitable for distribution, after it has received this price from clients at a sufficient number of different IP addresses.

 

Figure 1 of EP2849130

Here is how the invention was defined in claim 1:

  • Claim 1 (main request)

Is it patentable?

The examining division found that claim 1 lacked an inventive step over D3.

The Board also considered D3 as the closest prior art and considered that claim 1 differs from D3 as follows:

  • Feature (b), end: By a further Internet server which selects and serves the aggregated data from the database to browser clients.
  • Features (c) and (d): In that the data receiving server monitors IP addresses from which the data was received and only considers a particular price to be trusted, and thereby suitable for distribution, once it has received the same price from Internet browser clients at a number of different IP addresses.
  • Feature (a), end: In that the one or more received executable instructions cause the Internet browsing client to search at least a portion of the received web page data to extract the scheduled transport price data for transmission to the data receiving server.

The Board denied the inventive step of claim 1 based on the following reasoning:

2.5 Like the examining division, the Board judges that the specification of transport data relates to business data content and is not technical (see decision, point 12.5.1) and that the feature of the further Internet server is an obvious option (point 12.5.3). The Board adds to the examining division’s analysis of the latter feature that middleware servers sitting between a database and Internet browser clients were common knowledge at the priority date, as shown by background document D9 for example.

2.6 As for determining trust based on the number of different IP addresses, it was common ground that it produced the effect of returning only trusted prices to Internet browser clients. However, the claimed method (feature (d)) does not actually use the information about the prices’ trustworthiness while storing data in the database and it is doubtful whether the asserted effect is indeed provided.

2.7 Nevertheless, the Board agrees with the examining division that even assuming that only trusted prices are stored in the compiled price data database, this feature is obvious.

The appellant argued that any kind of data filtering was a technical process. However, in the claim, the filtering boils down to disregarding prices that were not offered to a sufficient number of different users. The Board concurs with the examining division (decision, point 12.5.5) that this is a purely business idea.

It is common ground (cf. decision, point 12.7.5) that using IP addresses to distinguish user devices is an implementation choice. However, this would have been obvious, once, in line with the COMVIK principle (see decision T 641/00 – Two identities/COMVIK), the aforementioned business idea has been given to the skilled person for implementation. The obviousness of the solution becomes even more apparent considering that in D3 the central server already receives clients’ IP addresses together with the extracted product information (paragraph [80], last sentence).

2.8 At the oral proceedings the main point of contention was the obviousness of using the script to search the received web page to extract the price data.

Firstly, the appellant argued that the skilled person was a computer programmer for cataloging and reporting Internet site activity data. However, the Board considers this to be an arbitrarily restrictive technical qualification to the particular application of D3 that does not exist in practice. In the Board’s view, the skilled person is simply a web programmer.

Secondly, the appellant considered that using the script to search the web page solved the problem of reducing the amount of transmitted data between the merchant and the browser. The Board agrees that this is certainly one effect of the invention. However, the Board sees the invention in a more general sense as being about the decision where to obtain information about products’ prices. In D3, it is done by the merchant, whereas in the invention it is the browser. Thus, the difference in a more general sense represents an alternative choice for where to perform the processing.

In this general context the amount of transmitted data is one of many trade-offs. Others would be: processing power required at the merchant/browser and programming complexity at the merchant/browser. Furthermore, the choice could be driven by non-technical considerations, such as whether the merchant or the customer wants to control the information obtained.

Thus, the Board essentially agrees with the examining division that searching and extracting information about the web page in the browser is more properly to be considered as an alternative to providing this information at the merchant. In such cases, the skilled person would consider any well known alternative in the technical field unless the closest prior art, or some other fact, teaches away from it.

As mentioned above, the skilled person is a web programmer. A web programmer knows that the solution of searching and extracting data from web pages is a well-known technique, commonly known in the art as web scraping. In fact, as stated by the examining division (decision, point 14.4), D3 at paragraph [75] actually teaches obtaining the product price information using web scraping as an alternative to obtaining this information from the embedded script, albeit at another server.

Furthermore, the Board judges that, contrary to the appellant’s view, the use of JavaScript as present in the browser in D3 to scrape pages poses no technical difficulty.

Thus, the Board agrees with the examining division’s conclusion at point 14.4 of the decision that the skilled person would have considered using a scraping functionality in the embedded script as an obvious possibility.

2.9 Hence, claim 1 lacks an inventive step (Article 56 EPC).

All the auxiliary requests were found to lack an inventive step. Finally, the Board dismissed the appeal and the European patent application was refused.

More information

You can read the whole decision here: decision T 1468/20 of the Technical Board of Appeal 3.5.01.

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Providing education service based on knowledge units: not technical

This decision concerns an European patent application relating to a method for providing education service based on knowledge units. Here are the practical takeaways from the decision T 2718/19 of the Technical Board of Appeal 3.4.03.

Key takeaways

Mental acts in relation to a non-technical pedagogical/didactic learning method expected to be designed by a notional, non-technical person like a teacher are non-technical features.

Mere automation of a known task is not enough for inventive step.

 

The invention

Claim 1 concerns a system for providing education service based on knowledge units. First, a curriculum is generated based on a user’s achievement for at least one knowledge unit, said curriculum including at least one problem composed based on said at least one knowledge unit. According to the present invention, a new form of education service can be provided based on knowledge units.

Figure 3 of EP2819089

Here is how the invention was defined in claim 1:

  • Claim 1

Is it patentable?

The appellant’s arguments as far as they are relevant for the present decision are summarised by the board as follows:

The subject-matter defined in claim 1 concerned an “educational technology system”, so called “Edutech”, and therefore concerned the solution of a technical problem. The improvement of an educational technology system using technical means was clearly a technical contribution. The technical means were the knowledge units, the knowledge chain and/or the problem provided to the user and the interaction between these entities such that an improved feedback could be provided to the user according to its knowledge level. This resulted in an improved technology.

The board did not share the appellant’s view:

2.1 The features of claim 1 are seen as a combination of technical and non-technical features. Given the presence of technical features, the overall technical character of the claimed invention is not questioned.

2.2 The closest state of the art is considered to be a computer system comprising user interfaces and storage means as well as a processor and databases. This closest state of the art is considered notorious and also exemplified by document D1 (see e.g. paragraphs [0036] and [0061] to [0063] and Figures 2 and 4).

2.3 The differentiating features concern the education service based on knowledge units and related content like the different knowledge units and the data related to the user’s achievement and their interaction.

2.4 These differentiating features are based on a combination of standard technical features like notes taken on a piece of paper and stored in a well-known paper folder combined with non-technical features which concern mental acts in relation to a non-technical pedagogical/didactic learning method expected to be designed by a notional, non-technical person like a teacher. These differentiating features are the following:

An educational method based on knowledge units, whereby the knowledge units and information on a user’s achievements for the knowledge units are stored for example in a storage location; a curriculum is stored which is based on the user’s achievement of at least one knowledge unit stored in the storage location, which includes an interpretative knowledge unit, a formulaic knowledge unit and/or a computational knowledge unit. The curriculum includes at least one problem composed based on the at least one knowledge unit. The user is further provided with at least one problem, and with contents of the knowledge units associated with the user’s response to the at least one problem, wherein the at least one problem is composed by a knowledge chain comprised of the at least one knowledge unit and at least one further knowledge unit. The knowledge chain includes identification information of the at least one knowledge unit and the at least one other knowledge unit. The user’s knowledge is analysed in order to determine the user’s achievement for the at least one knowledge unit based on a feedback that the user provided in response to at least one other problem composed by the knowledge chain, and to reflect information on the user’s achievement for the at least one knowledge unit, wherein to the at least one problem is assigned the identification information of the at least one knowledge unit and the at least one other knowledge unit, and wherein the at least one knowledge unit is organized with at least one yet other knowledge unit to form an association between the different knowledge units, and the association is identified when the knowledge units constitute another knowledge chain.

2.5 The objective technical problem to be solved by the identified differentiating features of the pedagogical/didactic learning method therefore can be formulated as the implementation of this non-technical pedagogical/didactic learning method on a notorious computer system.

2.6 In order to solve this problem, the non-technical pedagogical/didactic learning method is handed over to the technically skilled person, namely a computer programmer, which implements it without any technical difficulty in a straightforward manner on the above mentioned notorious computer system representing the closest state of the art. The technically skilled person, i.e. the computer programmer, implements the storage location(s) which include(s) all information, user’s achievement results, knowledge units or knowledge chains without any difficulty making use of a database of the computer system. In the given context the use of a database must be considered a standard procedure for the computer programmer since databases and their advantageous use were notoriously well-known for dealing with specifically structured data content at the time of filing of the application.

Moreover, apart from automation of the non-technical pedagogical/didactic learning method, no specific technical details concerning the technical implementation of the non-technical method are defined in the wording of claim 1 which could be considered to provide a technical contribution, a further technical effect or any specific technical solution to a particular technical problem. Nothing of this kind can be identified in the wording of claim 1.

The relation and interaction between the different knowledge units, the knowledge chain and the problem provided to the user do not represent a particular technical solution to a technical problem, contrary to the appellant’s assertion (see statement setting out the grounds of appeal, page 2, fourth paragraph and page 5, second and seventh paragraphs). These features are related to the design of the non-technical pedagogical/didactic learning method and are as such specified by the teacher (the notional non-technical person). These features are not related to specific technical means which could be considered to derive from an inventive contribution of the technically skilled computer programmer. Neither a “knowledge chain” nor a “knowledge unit” nor the “problem provided to the user” are considered technical features.

Moreover, although the method is defined as relating to the domain of “educational technology system” / “Edutech”, it cannot be concluded that the implemented method necessarily requires a technical solution to a technical problem. As indicated, the technicality lies exclusively in the straightforward implementation of a non-technical method on a notorious computer system.

Merely naming something a “technology system” will not automatically put it in a field of technology for the purposes of Article 52(1) and (2) EPC. In the given context, educational training or teaching methods that adapt to the user’s level of knowledge are only technically implemented to provide online-learning or computer-based training.

This is also in accordance with and not in contradiction to the explanations in the “Wikipedia” article on “Educational technology” which the appellant submitted with the statement setting out the grounds of appeal. “Edutech” is a technical realisation of the “theory and practice of educational approaches to learning” or a means to “assist in the communication of knowledge, and its development and exchange” or to provide learning tool. It is therefore the technical realisation of mental, non-technical subject-matter since the roots of “Edutech” lie in didactic and pedagogical learning theories.

These non-technical training and learning theories are in the present case computer-implemented in a straightforward manner for computer learning, on-line training and/or e-learning.

2.7 With regard to the decision T 336/14 cited by the appellant, which also concerns a mixed-type invention comprising technical and non-technical features, the board notes that the subject-matter discussed there is not comparable to the subject-matter of the case at hand. That decision concerned a graphical user interface (GUI) which assisted a mental human process. The potentially excluded subject-matter concerned the presentation of information as such (see point 1.2.5 of the Reasons for the Decision) and was found by the deciding board not to involve an inventive step. Therefore, if this decision is relevant at all to the present application, which the board is not convinced of, it is seen to support the board’s position, and not that of the appellant.

2.8 In summary, the subject-matter defined in claim 1 relates to a notorious standard computer system on which a non-technical method is implemented in a straightforward and obvious manner (Article 52(1) EPC in combination with Article 56 EPC).

The appellant did not file auxiliary requests. Finally, the Board refused the European patent application.

More information

You can read the whole decision here: decision T 2718/19 of the Technical Board of Appeal 3.4.03.

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Generating a chip design using simulation: non-technical

This decision concerns the generation of a design model for a chip design using a simulation design tool. However, since the distinguishing features were considered non-technical in view of the most recent landmark decision G1/19 concerning computer-implemented inventions and simulations, the EPO refused grant. Here are the practical takeaways from the decision T 1768/20 (Characterization of standard cells/RACYICS) of July 3, 2023 of the Technical Board of Appeal 3.5.07.

Key takeaways

T 1227/05 (Circuit Simulation I/Infineon Technologies) is no longer relevant in view of the more recent landmark decision G 1/19.

A claimed manufacturing step could be an argument in favour of patentability of simulation-based inventions.

The invention

The subject-matter of the application is described in the Abstract of the originally filed specification as follows:

The invention discloses a method for an improved characterization of standard cells in a circuit design process. The object of the invention to provide a method for compiling library files, which are used for the design process of cells in digital circuits, whereas the adaptive body biasing (ABB) can be considered during the design process, will be solved by using simulation results of a cell set, which is defined by a fabrication process …

Fig. 1 of WO 2019/025030 A1

  • Claim 1 of the Main Request

Is it patentable?

The application underlying the present decision was rejected by the first instance Examining Division due to lack of inventive step for the following reasons:

4.1 The examining division considered that, even assuming that storing results in a library file implied the use of technical means, the method of claim 1 of the current main request lacked an inventive step for the following reasons: first, it was well known to store cell characterisation data in library computer files (see document D1, columns 17 and 18). Second, the further steps corresponded to non-technical user requirements that, according to the COMVIK approach (see decision T 641/00), were part of the objective technical problem (see contested decision, point 2).

Against this finding, the appellant argued as follows in its statement of grounds of appeal:

4.2 In its statement of grounds of appeal, pages 4 to 8, the appellant submitted that the method of claim 1 was not a mental act as such but rather used a design tool as technical means. The claimed method generated a design model with improved characterisation of a standard cell. The results of said characterisation were stored in a library file containing library corners or so-called PVT corners. These data were used in the simulation process of standard cells for highly integrated semiconductor components by the customers and were needed to simulate how a designed circuit might work later (see description, page 3, starting at line 16).

To support this line of argumentation, the appellant inter alia referred to the famous circuit simulation decision (T 1227/05) and to the well-know nuclear reactor simulation decision (T 0914/02):

Referring to decision T 1227/05, the appellant argued that the method had a technical character as it concerned the technical field of chip manufacturing. Since the method was implemented by design tools, this added to the technical character in view of decision T 914/02. A direct use of controllable natural forces was not necessary for an invention (see statement of grounds of appeal, page 5, first and second full paragraphs).

However, the Board in charge did not follow these arguments and found that T 1227/05 is no longer relevant. Instead, the findings of G1/19 are now to be considered:

4.4 The board considers that the cited decision T 1227/05, which concerned computer-implemented methods for the numerical simulation of electronic circuits, is no longer relevant to the present case in view of the more recent decision G 1/19, which reconsidered the general approach for assessing the technical character of computer-implemented methods for simulation and design (see point 133). Consequently, decision G 1/19 is the essential case law that has to be considered when assessing inventive step in the current case, and the board summarises some relevant aspects of this decision below.

In the following, the Board in charge mainly relied on the following quotation of G1/19:

Point 128 of decision G 1/19 summarised that calculated data “reflecting the physical behaviour of a system modelled in a computer usually cannot establish the technical character of an invention in accordance with the COMVIK approach, even if the calculated behaviour adequately reflects the behaviour of a real system underlying the simulation. Only in exceptional cases could such calculated effects be considered implied technical effects (for example, if the potential use of such data is limited to technical purposes, see point E.I.f above)”. Point E.I.f comprises points 97 and 98.

The Board noted that claim 1 would fail to specify a further use of the claimed library file including the simulation results (i.e., the improved design model), e.g., in terms of a manufacturing step, which could be an argument in favour of patentability:

4.5 The board considers that, in the current case, the result of the calculations effected by the method steps of claim 1 is a design model with an “improved” characterisation that is obtained by simulation (see characterising part of claim 1, for example) of a standard cell which is provided in a library file. Such a library file is, at least according to the description, used by customers in later stages of the overall design process (see description of the published application, page 5, lines 12 to 17 and page 10, lines 3 to 11), but the method of claim 1 does not contain steps specifying the use of the produced library file in later design or manufacturing steps. A use of the design model in a manufacturing step would have been particularly relevant since the Enlarged Board of Appeal considered the inclusion of a manufacturing step to be an argument in favour of patentability (see point 134 of decision G 1/19).

Against this background, the Board concluded that the claimed improved design (stored in the library filed) fails to provide a technical effect. Hence, the corresponding features were ignored for the assessment of inventive step according to the COMVIK appraoch:

4.5.2 Since the result of the method of claim 1 is calculated data for an improved design that is obtained using simulation, it follows from points 97, 98 and 138 of decision G 1/19 that the improved design does not contribute to inventive step since no “further” technical effect, such as controlling a machine in the foundry during a manufacturing process, is derivable.

With regard to the two additional auxiliary requests, the Board did not come to a different assessment.

As a result, the appeal was dismissed.

More information

You can read the full decision here: T 1768/20 (Characterization of standard cells/RACYICS) of July 3, 2023

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Search in internet and personal notes: non-technical

This decision concerns an European patent application relating to a method for presenting information on a website. Here are the practical takeaways from the decision T 1272/20 (Search in internet and personal notes/EVERNOTE) of the Technical Board of Appeal 3.5.07.

Key takeaways

As with all subject-matter excluded as such under Article 52(2) and (3) EPC, it has to be established whether the non-technical features, to the extent that they interact with the technical subject-matter of the claim for solving a technical problem, provide a technical contribution and should be taken into account in assessing inventive step.

An assessment based on an isolated analysis of the individual features of the claim without regard for possible interactions with the other claimed features may lead to ignoring features which make a technical contribution.

Meeting the informational needs of a user is not per se a technical effect.

The invention

The invention concerns searching for and presenting to a user relevant notes in connection with other website content as result of an internet search performed by the user. According to the description, “note” is a general name for a piece of information.

Figure 1 of EP3299973

Here is how the invention was defined in claim 1:

  • Claim 1 (main request)

Is it patentable?

In the grounds of appeal, the appellant disagreed with the examining division’s identification of the features of claim 1 which had technical character. The examining division had equated features contributing to technical character with structural features and had excluded any non-structural features from the assessment of inventive step as being non-technical per se.

The appeal board shared the appellant’s view:

3.1 The appellant has – correctly – remarked that in decision T 598/14 the board did not consider that none of the claimed features was technical but rather that the features distinguishing the claimed subject-matter from the prior art did not make a technical contribution. The board further agrees with the appellant that T 598/14 did not express that any manner in which a computer performs a search is non-technical for the sole reason that the result is a “better search”. As with all subject-matter excluded as such under Article 52(2) and (3) EPC, it has to be established whether the non-technical features, to the extent that they interact with the technical subject-matter of the claim for solving a technical problem, provide a technical contribution and should be taken into account in assessing inventive step (see also T 154/04, Reasons 5; T 697/17, Reasons 4.2; T 2573/16, Reasons 4.4).

In assessing a claim, it is therefore important to take into account the effect of the features in the claimed invention. An assessment based on an isolated analysis of the individual features of the claim without regard for possible interactions with the other claimed features may lead to ignoring features which make a technical contribution (see also T 731/17, Reasons 6.2 and 6.4; T 697/17, Reasons 4.2).

An invention with an overall purpose which is non-technical may nevertheless be a patentable solution to the problem of finding a technical implementation for achieving the non-technical purpose (T 1784/06, Reasons 2.3). The board does not find any basis either for considering that only hardware features are technical. In decision G 1/19, the Enlarged Board was of the opinion that while a direct link with physical reality is in most cases sufficient to establish technicality, it cannot be a necessary condition (see Reasons 62, 88, 101 and 139).

The board further notes that a technical feature does not lose its technical nature because it is too generic or “functionally defined” (G 3/08, Reasons 10.8.7).

Below is how the appeal board examined the inventive step of claim 1:

3.3 In order to correctly assess inventive step of an invention such as the current one, in which the non-technical aspects are tightly intermingled with the technical features, the board finds it preferable, if not necessary, to assess inventive step from a starting point closer to the invention than a general purpose computer.

3.4 At the date of priority of the current application (in 2010), web browsers for personal computers and web search engines were notoriously known.

…

3.5 The method of claim 1 differs from this notoriously known method using a web browser in that it further includes the steps of:

(i) determining relevant notes within the personal database by comparing the extracted terms to stored notes;

(ii) determining additional relevant notes by comparing the search results information to the stored notes;

(iii) preparing note previews for the relevant notes and the additional relevant notes;

(iv) altering the content of the search results page to provide links to the relevant notes with the search result listings;

(v) receiving a selection of one of the presented note previews, retrieving the stored note corresponding to the selected note preview from the personal database and presenting the respective note to the user.

According to the appellant, the distinguishing features did not relate to mere presentation of information

…

3.7 The board is, however, of the opinion that the idea of obtaining relevant notes and additional relevant notes reflects the interest of the user in receiving, in addition to the public search results, related information from the user’s personal notes. Meeting the informational needs of a user is not per se a technical effect (T 306/10, Reasons 5.2; T 598/14, Reasons 2.4; T 1971/18, Reasons 2.4).

The appellant’s argument that relevance is a technical aspect as it concerns the search query and not the user’s interest is not persuasive. In this case, there is no objectively defined set of data which constitutes the correct result for the search query. What is relevant has to be determined based on non-technical linguistic aspects and subjective user preferences (see also T 1924/17, Reasons 12).

…

3.8 The board is thus of the view that the distinguishing features solve, over the notoriously known method, the technical problem of facilitating, when a search query is performed, user access to personal notes related to search terms of the search query (relevant notes) and to the results of the search (additional relevant notes), where the notes should be presented in the form of “note previews”.

3.9 The user’s personal database with stored notes is already known from the prior art (see point 3.4 above). Features (i), (ii) and (iii) are directly mapped from the formulated problem. The board notes that these features do not describe any (inventive) technical details of the implementation of the non-technical constraints.

3.10 Links were notoriously known and already used in the search result page of the prior-art web browser for facilitating user access to web pages related to the public search results independently of their storage locations in a computer or computer network. It would thus have been obvious for the skilled person seeking to facilitate access to the full notes corresponding to the note previews, which are also search results, to additionally include, for each note preview on the search results page, a link to the note, as in feature (iv). The skilled person would thus also arrive at feature (v), which merely describes the notoriously known way a link works when a user selects it. The distinguishing features entail no inventive technical elements of the implementation.

3.10.1 The appellant argued that there was no teaching or suggestion in the prior art that the web browser could provide a link to local data.

…

3.10.2 These arguments are not persuasive. The distinguishing features do not solve any security problem of accessing personal data from a web browser. The description discloses embodiments based on web browsers (see e.g. page 5, line 28 to page 6, line 18), but is silent about any security problems and corresponding solutions.

3.11 Therefore, claim 1 of the main request does not meet the requirements of Article 56 EPC for lack of inventive step.

The auxiliary requests were not helpful in this case. Finally, the Board refused the European patent application.

More information

You can read the whole decision here: decision T 1272/20 (Search in internet and personal notes/EVERNOTE) of the Technical Board of Appeal 3.5.07.

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Building sustainability score: not technical

This decision concerns an European patent application relating to methods for calculating, storing, distributing and/or displaying building or structure performance data and scores. Here are the practical takeaways from the decision T 2751/18 of the Technical Board of Appeal 3.5.01.

Key takeaways

Collecting and analysing water and energy consumption in a building is a non-technical business operation performed as part of building management.

A business step does not become technical by virtue of its technical implementation.

Giving visual indications about internal states of a technical system is in principle a technical effect.

While the gear in use and engine overheating are clearly technical conditions and the optimal gear is precise and credible technical guidance, the building performance score conveys no technical information.

The invention

The invention concerns evaluating whether a building complies with sustainability criteria. Claim 1 concerns a system performing such evaluation. A processor-based device in a building collects data which relates to at least three of the following five categories: the use of water, the use of energy, the amount of waste produced, commuting methods used by occupants (“transportation data”) and the occupants’ experience. The data on water and energy use is obtained from meters. The other three data categories can be either provided by meters or input by the building’s occupants into digital surveys.

The device periodically uploads building performance data to a central web server (CWS). The CWS performs benchmark analyses based on corresponding data received from multiple similar buildings and determines a building’s performance score.

Figure 27(h) of EP2235621

Here is how the invention was defined in claim 1:

  • Claim 1 (main request)

  • Claim 1 (auxiliary request)

Is it patentable?

The Board found it convenient to analyse the more specific auxiliary request first. D2 was considered the closest prior art, and the Board found that the subject-matter of claim 1 differs from D2 in that:

A) The central building control processor is implemented as a central web server (CWS).

B) The device is connected to at least three of: a water meter, an energy meter, a waste meter or waste data inputs entered by a user, a human experience meter or human experience data inputs entered by a user, a transportation meter or transportation data inputs entered by a user, each meter being located in the predetermined building or structure.

C) The central web server performs a benchmark analysis based on the performance data of similar buildings or structures and calculates in accordance therewith a performance score of the predetermined building.

D) The device is configured to visually show the performance scores and the benchmark data on a dashboard to a building user or manager.

E) If the building performance score falls below a predetermined threshold or expected level, the system notifies a manager of the predetermined building or structure of the recommended corrective action(s) to be taken.

Here are the detailed reasoning from the Board regarding the distinguishing features:

2.1.8 The Board agrees with the decision (see points 2.2.3 to 2.2.7, 3.2.3 and 3.2.4) that the distinguishing features implement a non-technical method combining administrative steps with presentation of information (Article 52(2)(c) and (d) EPC). The Board judges that this method comprises following steps:

– A building’s performance is benchmarked based on data describing energy consumption, water consumption, the amount of waste generated, commuting methods used by the occupants and their overall experience, wherein the data is collected from the building concerned and other anonymous similar buildings.

– A performance score is calculated for the building in accordance with the benchmark data.

– The benchmark data and the building performance score are presented to a building manager on a dashboard.

– Corrective actions are recommended to the building manager when the building performance score falls below a predetermined threshold.

2.1.9 The appellant disputed this finding in the decision and argued that the above method provided a technical contribution for the following reasons.

2.1.10 Firstly, the benchmark analysis and building performance score were based on measurements carried out by meters located in the building. The meters were technical entities and obtaining data from them was a technical process.

However, the Board is not persuaded and agrees with the decision (see point 2.2.7) that collecting and analysing water and energy consumption in a building is a non-technical business operation performed as part of building management.

The Board agrees with the appellant to the extent that the use of meters to acquire data about water and energy consumption is a technical feature, but a business step does not become technical by virtue of its technical implementation (see T 1670/07 – Shopping with mobile device/NOKIA, reasons, point 9).

2.1.11 Secondly, the building was a technical system and the benchmark data and performance score indicated its internal states. This was all the more so considering that the benchmark data and the score were based on data obtained from the meters. As set out in decision T 362/90 and decisions following it, visualising internal states of a technical system had technical character. Furthermore, the indication that the building performance score fell below a predetermined threshold indicated a technical malfunction. It was comparable to an alarm indicating overheating of an engine. Providing such an alarm had technical character, even in the absence of an indication of the action to be taken by the user.

The Board does not dispute that giving visual indications about internal states of a technical system is in principle a technical effect. However, the Board disagrees that the information output by the claimed system indicates such states.

Beginning with the building performance score, the disclosed example expresses it as a natural number of arbitrarily assigned points (see point 1.4 above). Even assuming that some technical information about the building was used to obtain this score, such information is subsequently removed from the score due to its nature as a natural number.

Like the decision (see point 3.3.5), the Board cannot see that informing the user that the performance score fell below some arbitrary threshold is comparable to an indication that an engine was overheated or to the case underlying T 362/90 in which a vehicle indicated to the driver the engaged and optimal gears. The fundamental difference between those cases and the claimed invention is that while the gear in use and engine overheating are clearly technical conditions and the optimal gear is precise and credible technical guidance, the building performance score conveys no technical information.

The “benchmark data” and the “recommended corrective action(s)” do not convey technical information either. As was set out at point 3.2.4 of the contested decision, at the general level at which they are claimed and disclosed, these terms cover non-technical notifications, for example “Your building seems to perform worse than other buildings. Hire someone to improve this”.

2.1.12 Thirdly, the crucial idea of the invention was its community aspect, namely that the basis for assessing the building’s performance was a comparison with other similar buildings. In view of the complexity of a building, it would have been too limiting to claim a specific benchmarking algorithm or a specific way of calculating the performance score. Nevertheless, even at the general level claimed, the distinguishing features enabled the building manager to recognise how his building performed compared to the other buildings and to improve its performance, for instance by saving water and energy. This was a technical effect.

The Board is not convinced and notes that the system of D2 already collects data on multiple buildings and analyses it. The actual distinction is the nature of analysis performed and its input. It might well be that the appellant had good reasons for not disclosing those aspects in more detail. However, as set out above, in the absence of further details, the method, set out in point 2.1.8 above, lacks technical character.

The Board is not convinced by the argument attempting to prove that this method derives technical character from (unclaimed) actions of the building manager. In addition to being speculative, this argument is a typical example of the “broken technical chain fallacy” in the sense of T 1670/07 supra, reasons, point 11.

2.1.13 Applying the COMVIK approach (decision T 641/00 – Two identities/COMVIK), this method is provided to the technically skilled person as a requirement specification to be implemented.

2.1.14 Starting from D2 and facing the problem of implementing this requirement, it would have been obvious to connect the building controllers to water and energy meters and provide a user interface enabling the user to input waste, transport and experience data.

Furthermore, it would have been self-evident to upload the collected building performance data to the building control processor and to adapt it to calculate benchmark data and the building performance score. It would have been equally obvious to configure the building control processor to generate the indication that the building performance score fell below a predetermined threshold, to recommend unspecific corrective actions and to provide the generated information to the workstation for display.

2.1.15 Incidentally, while not claimed, the application discloses that the display might be physically located in the building (published application, [9] and [45]). Interpreted in the light of this disclosure, the claim is still obvious over the combination of the Figure 2 embodiment in D2, which serves as the starting point, and an embodiment relating to Figure 1 which uses a workstation located in the building (D2, [25]).

2.1.16 Hence, claim 1 lacks an inventive step (Article 56 EPC).

Independent claim 1 of the main request is broader than claim 1 of the auxiliary request and therefore lacks an inventive step for the same reasons. Finally, the Board refused the European patent application.

More information

You can read the whole decision here: decision T 2751/18 of the Technical Board of Appeal 3.5.01.

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Approximate string matching: non-technical

This decision concerns an European patent application relating to managing an archive for approximate string matching. Here are the practical takeaways from the decision T 1867/18 of the Technical Board of Appeal 3.5.06.

Key takeaways

The strings occurring in data records are abstract data, with no technical character. Determining by ma­the­ma­tical calculations their frequency, simple or re­­nor­malized, and their “significance” in the above sense is thus also – at least in itself – not technical.

Using a significance value to identify false positives in potential approximate matches is not by itself a technical use given the abstract nature of approximate string matching. Hence, even if this potential use were considered to be implied by claim 1 (it is not), it would not be an implied technical use in the sense of G 1/19.

The invention

The invention relates to approximate string matching (also called fuzzy string matching or searching), i.e. finding strings that match a given pattern string within some tolerance according to a similarity metric, such as the edit distance. The strings being searched may be strings contained in records of a database. Approximate string matching may be used in database operations like join or rollup that group (“consoli­date”) records into sets based on matching keys, in order to take into account that the exact spelling of words may differ within a dataset or between data sources and that words may be misspelled, e.g. COMPNY instead of COMPANY.

Figure 1 of EP2235621

Here is how the invention was defined in claim 1:

  • Claim 1 (sole request)

Is it patentable?

The examining division refused the European patent application on the basis that claim 1 did not fulfil the requirement of inventive step, Article 56 EPC, starting from a notorious general-purpose computer system or, alternatively, from prior art document

D1:|T. Bocek et al., Fast similarity search in large dictionaries, Technical Report No. ifi-2007.02, Department of Informatics, University of Zurich, April 2007.[XP002679634]|.

The Board assessed in­ven­tive step for claim 1 first in view of docu­ment D1, and the Board found claim 1 has the following differential features:

16.6 However, the method of D1 does not involve any pre-computation of potential approximate matches between strings occurring in the data records. In D1, the index stores the k-deletion neighborhoods (i.e. the sets of close representations) of the strings in the dictionary.

In the invention according to claim 1, the archive stores instead potential approximate matches between such strings.

These differences may be labelled difference (1).

16.7 D1 does also not disclose a calculation of frequencies of occurrence of strings, a renormalization of such frequencies and a generation of a “significance value” for at least one string based on the renormalization and its storage in the archive in association with the string, as recited in claim 1.

These differences may be labelled difference (2).

16.8 D1 does also not disclose “executing, by an execution module (112), a computation graph wherein a component of the computation graph accesses the archive to determine whether given data records should be processed based on whether strings in the given data records are a potential approximate match, and wherein the component of the computation graph consolidates the given data records having strings that are a potential approximate match”, as recited in claim 1.

These differences may be labelled difference (3).

16.9 The method of claim 1 thus differs from the method disclosed in D1 in differences (1) to (3).

First, the Board assessed whether those differences are obvious:

17. Obviousness of differences (1) and (3)

The board considers that differences (1) and (3) would have been obvious to a skilled person starting from D1 in view of common general knowledge.

17.1 D1 discloses the use of the FastSS algorithm for finding words similar to a query string.

It is known to a skilled person that approximate string matching has further uses such as in the context of approximate join operations (see D4: section 1, paragraphs 1 and 2, and section 2, paragraph 1). It would thus have been obvious to consider how the FastSS algorithm disclosed in D1 could be applied to efficiently implement an approximate join operation.

17.2 The skilled person knows that pre-computation always requires a trade-off to be made between storage require­ments and computation speed at run-time based on an identification of which calculations are expected to be frequently required at run-time.

An approximate join operation involves the merging of the data records of two datasets based on some key field. The required approximate string matching calcu­lations concern exclusively pairs of strings occurring in these records (unlike the query search application primarily considered in D1, where the query string is unknown before run-time).

Hence, it would have been obvious to the skilled person that in such an application context, the pre-processing phase may go further and include not only the gene­ra­tion of the k-deletion neighborhood of all strings occurring in the datasets but also their potential approximate matches determined on the basis of the generated k-deletion neighborhood. This results in difference (1).

17.3 An approximate join operation is an operation that “consolidates” data records having strings in key fields that are an approximate match.

In the implementation at which the skilled person would have arrived starting from D1, as explained in the pre­ceding point, the determination of whether two strings occurring in key fields of the data records are an approximate match would be made by looking up in the archive whether they are a potential approximate match and, if so, based on their edit distance.

This results in difference (3), except for the feature contained therein that the consolidation operation is realised as a “component of [a] computation graph”.

17.4 However, whether the approximate join operation is to be executed as part of graph-based computations or not is, at least in the context of claim 1, a technically arbitrary choice. No aspect of the approach to appro­xi­mate string matching used in the method of claim 1 is specifically adapted to be used in the con­text of graph-based computations, nor has this been argued by the appellant.

17.5 Hence, starting from D1, the skilled person would have arrived to differences (1) and (3) without any inven­tive activity. It may thus be left open to which extent they contribute to the technical character of the claimed invention.

Then, the Board discussed whether the features make technical contribution:

18. No technical contribution by difference (2)

The steps of calculating the frequency of occurrence of a string in the data records, renormalizing the fre­quen­cy by taking into account the potential approximate matches of the string, generating a “significance value” for the string from the renormalized frequency and storing this value in the archive in association with the string – as specified in difference (2) – make no technical contribution to the method of claim 1 (beyond their implicit, not further defined computer-implementation).

18.1 Claim 1 is silent as to what is actually measured by the “significance value” generated for a given string. This can also not be derived from claim 1 as claim 1 does not specify how the significance value is genera­ted from the renormalized frequency.

In the description, where this value is called “significance score”, it is described as representing the inverse of the renormalized frequency of the string and thus “the relative importance of a word [i.e. string] to a phrase containing the word for the purpose of phrase comparison” (see page 11, lines 15-20, and page 28, lines 21 to 27).

The strings occurring in data records are abstract data, with no technical character. Determining by ma­the­ma­tical calculations their frequency, simple or re­­nor­malized, and their “significance” in the above sense is thus also – at least in itself – not technical.

18.2 The generated significance value also does not contribute to producing a technical effect in the context of the method of claim 1.

18.2.1 It is not derivable from claim 1 that the generated significance value is actually used in the context of the claimed method.

Claim 1 specifies, in the step of generating the sig­nificance value, that that value “can be used for iden­ti­fying further potential approximate mat­ches” (em­pha­sis by the board) but claim 1 does not include any step in which it is actually used for that or any other purpose in the context of the claimed method.

The final step of the method of claim 1 specifies that a component of a computation graph “accesses the ar­chive to determine whether given data records should be processed based on whether strings in the given data records are a potential approximate match” and that it “consolidates the given data records having strings that are a potential approximate match”. This wording does not clearly require the significance value stored in the archive to be used in the consolidation opera­tion. It could well be that only the potential appro­xi­mate matches stored in the archive are used for that purpose, as only they are explicitly mentioned in relation to the consolidation operation.

18.2.2 It is also not apparent from the description how the significance value could be used for identifying fur­ther potential approximate matches, i.e. potential approximate matches not identified in the preceding step of “comparing generated close representations […] and identifying whether any of the close repre­senta­tions […] are a potential approximate match”.

The described uses of the “significance score” (as the significance value is named in the description) appear to be confined to the identification of “false posi­tives” when matching phrases or records, i.e. that a potential approximate match identified in the preceding step is not to be considered an actual approximate match. This is in particular the case in all the passa­ges cited by the appellant as basis for the feature concerning the significance value, i.e. page 8, lines 7 to 9, page 11, lines 16 to 20, page 15, lines 2 to 5, and original claim 11.

The board notes that the significance value or score is distinct from the “fuzzy match score” (see page 11, lines 11-20).

18.2.3 It follows that the step of storing the significance value in association to the corresponding string – as specified in difference (2) – does also not make any technical contribution (beyond the implicit, not further defined computer-implementation of that step).

…

Anyway, using a significance value to identify false positives in potential approximate matches is not by itself a technical use given the abstract nature of approximate string matching. Hence, even if this potential use were considered to be implied by claim 1 (it is not), it would not be an implied technical use in the sense of G 1/19.

18.2.5 As to the other alleged technical effects put forward by the appellant (see point 13 above), in particular increased computation speed, they have not been spe­cifically linked to difference (2) but to differences (1) and (3), and they cannot anyway be relied on for difference (2) as the significance value is not used in the context of the method of claim 1.

18.3 Difference (2) does thus not contribute to the techni­cal character of the method of claim 1 (beyond its implicit, not further defined and thus obvious compu­ter-implementation). Consequently, it cannot support the presence of an inventive step.

Finally, the Board refused the European patent application on the ground that the method of claim 1 does not involve an inventive step within the meaning of Article 56 EPC over D1 and common general knowledge.

More information

You can read the whole decision here: decision decision T 1867/18 of the Technical Board of Appeal 3.5.06.

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Transaction amount: non-technical

This decision concerns using NFC technology for conducting payments. However, since the distinguishing features were considered non-technical, the EPO refused grant. Here are the practical takeaways from the decision T 0801/20 (NFC mobile wallet processing system/PAYPAL) of June 1, 2023 of the Technical Board of Appeal 3.5.01.

Key takeaways

Data alone – whether technical or not – does not convey technical character to a method that processes it.

The invention

The Board in charge summarized the subject-matter of the application underlying the present decision as follows:

1.1 The invention concerns using near field communication (NFC) to make payments (page 1, third paragraph of the published application).

1.2 Looking at Figure 1, a user initiates a payment transaction by sending a transaction request from their NFC-enabled mobile device 102, such as a phone, to a transaction management system (TMS) 130. The TMS 130 then creates a pending transaction record and sends to the user’s device an NFC-formatted transaction identifier (“checkout token”). The user passes the token to a merchant system 108, e.g. by tapping their phone on an NFC reader 104 (page 45, lines 4 to 25).

The merchant system 108 then submits a merchant transaction request to the TMS 130, which includes the checkout token and some transaction details. The TMS updates the pending transaction record and sends the transaction details to the user along with a list of available payment accounts from which the user can select. Once the TMS receives the user’s selection, it completes the payment (page 45, line 22 to page 47, line 27).

1.3 An essential aspect of the claimed invention is that the merchant system transmits the transaction details to the TMS in two steps: the merchant’s identifier is sent with the transaction request, while the transaction amount is sent later. This is because the transaction amount might not have been calculated yet when the merchant’s transaction request is transmitted. The TMS also forwards the received pieces of transaction information to the user’s mobile device in separate steps (page 38, line 19 to page 39, line 19).

Fig. 1 of WO 2015/130967 A1

  • Claim 8 of the Main Request

Is it patentable?

The application underlying the present decision was rejected by the first instance Examining Division due to lack of inventive step (cf. decision, “Summary of Facts and Submissions”). With the aim to set this decision aside, the applicant lodged an appeal. At appeal stage, as a first step, the Board in charge determined the distinguishing features of claim 8 over the closest prior art document D1 as follows:

(i) The merchant system transmits the transaction details to the TMS in two steps: first, it sends the merchant’s identifier, and then the transaction amount. After each step, the TMS updates the pending transaction record and forwards the received information to the user.

(ii) The TMS sends a list of “available” payment accounts from which the user can select to complete the payment.

According to the appellant’s arguments, specifically the claimed “amount” according to distinguishing feature (i) would be of technical nature as it would refer to a quantity:

2.3 As regards feature (i), the appellant argued that an “amount” was technical as it represented a quantity. It was inconsistent to say that an amount was technical when it referred to a physical parameter, such as voltage, but non-technical when it referred to money. Furthermore, transmitting and receiving data to/from a device, as well as updating a data record, were all technical processes.

However, the Board in charge disagreed and considered to claimed “amount” non-technical and reasoned its finding as follows:

2.4 The Board notes that an amount is just a number and per se non-technical. Whether this number represents technical or non-technical data depends on the context. However, data alone – whether technical or not – does not convey technical character to the method that processes it. Method steps contribute to the technical character of the invention only if they contribute to the solution of a technical problem by providing a technical effect (e.g. T 154/04 – Estimating sales activity/DUNS LICENSING, point 20).

Furthermore, the appellant considered the two-step approach reflected in distinguishing feature (i) to be technical and argued as follows:

2.5 The appellant further argued that the two-step transmission and display of transaction details enabled the user to verify the merchant’s identity while waiting for the transaction amount to be determined. Receiving transaction information piece by piece was easier for the user to process, saved time and reduced latency.

Again, the Board did not follow the appellant’s arguments:

2.6 The Board does not find this argument convincing. Displaying information piece by piece or all at once is a matter of user preference. Some users may prefer to receive the merchant details in advance, others may prefer to see all relevant information together. Even if a user receives the merchant’s identity beforehand, they may still choose to wait until all transaction details arrive before reviewing them. Thus, any effect the displayed information might have depends on the user and the user’s reaction to this information. Such indirect effects cannot be considered when assessing inventive step (see e.g. T 1670/07 – Shopping with mobile device/NOKIA, point 11). Although displaying information piece by piece may make it easier to evaluate and, hence, lower the user’s cognitive burden, this is not a technical effect (see e.g. T 1741/08 – GUI layout/SAP, point 2.1.6).

With respect to distinguishing feature (ii), the appellant was of the opinion that this feature would lead to a bandwidth reduction:

2.7 As regards feature (ii), the appellant argued that by providing a list of accounts that were suitable for the transaction, the system required less bandwidth and computing resources. This was because, on the one hand, non-usable accounts were not transmitted, and, on the other hand, the system did not have to process non-viable account selections.

However, the Board noted that the payment accounts are even transmitted twice and thus doubts that this may result in improved transmission efficiency:

2.8 The Board is not convinced that the effects identified by the appellant are achieved. According to the claim, the TMS transmits payment accounts to the user’s mobile device twice: first, it transmits some unspecified payment accounts, and then, it transmits “a list of available payment accounts that can be used in the transaction”. …

Against this background, the Board concluded that both features (i) and (ii) are non-technical and thus have to be ignored for the assessment of inventive step. Hence, D1 would render obvious the claimed subject-matter of claim 8 of the Main Request.

Since claim 7 of the Auxiliary Request was also considered non-inventive, the Board in charge dismissed the appeal.

More information

You can read the full decision here: T 0801/20 (NFC mobile wallet processing system/PAYPAL) of June 1, 2023

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Method for cardless payment: technical

This decision concerns an European patent application relating to cardless payment. Here are the practical takeaways from the decision T 1413/07 of the Technical Board of Appeal 3.4.03.

Key takeaways

The formulation of the appellant contains pointers to the solution in that it is specified that the customer should not carry any special equipment. This is to be avoided.

The invention

The invention relates to a method for assigning an alias, such as a phone number and a Personal Identification Number (“PIN”), to a credit card so as to eliminate the need for the physical presence of the card during a transaction.

 

Figure 1 of EP1200926

Here is how the invention was defined in claim 1:

  • Claim 1 (sole request)

Is it patentable?

The examining division refused this European patent application for lack of novelty and lack of inventive step in view of the following document:

D3: WO 98/37524 A1.

The Board had a different opinion. In detail, the sixth embodiment of D3 was considered the closest subject-matter and does not disclose the following features of claim 1:

3.3 In relation to its sixth embodiment document D3 does not disclose the following features of claim 1:

(i)” the credit card number also having an associated PIN;

(ii)” linking the alias with the PIN in the database;

(iii)” entering the PIN into the device upon initiation of a transaction without receipt of the credit card number;

(vi) authenticating the transaction by retrieving the PIN in the database and comparing the retrieved PIN with the received PIN.

The Board found that the differing features indeed solve a technical problem and considered claim 1 inventive:

4.2 Objective technical problem

…

4.2.2 The features of claim 1 which are not disclosed in document D3 in relation to the sixth embodiment are those relating to a PIN, namely features (i)”, (ii)”, (iii)”, and (vi) … The use of a PIN ensures that the method is secure. Furthermore, these features allow the customer to dispense with the mobile telephone since the alias and the PIN are entered into the same device. Instead of carrying the mobile telephone, the customer merely needs to remember the alias and the PIN. This is more convenient.

4.2.3 … Furthermore, in view of the above effects of the differing features, the technical problem cannot be regarded to be merely to provide an alternative solution to a known problem. Such a formulation would not be ambitious enough.

It is therefore appropriate in the present case to reformulate the objective technical problem. The formulation of the appellant contains pointers to the solution in that it is specified that the customer should not carry any special equipment. This is to be avoided.

The objective technical problem is therefore regarded to be how to implement the method in a way which is more convenient to use but still secure.

 

4.3 Obviousness

…

4.3.3 Therefore, in the fifth embodiment the customer still has to carry his mobile telephone. In addition he has to remember the PIN. The fifth embodiment is therefore not more convenient for the customer than the sixth embodiment. The skilled person would therefore not consider the fifth embodiment when attempting to implement the method of the sixth embodiment in a way which is more convenient to use but still secure.

4.3.4 Furthermore, the fifth embodiment involves entering the PIN into the mobile device 1. Even if the skilled person were to consider incorporating the teaching of the fifth embodiment into the sixth embodiment he would therefore be led to have the PIN entered (by the customer) into the mobile device 1, e.g. as part of the confirmation message sent from the mobile device 1 to the financial server 4′. The PIN would thus not be entered into the same device as the alias, which is entered into the terminal 2 (by the salesperson). However, it follows from the wording of claim 1 (see point III., feature (iii)), which has been amended during the appeal proceedings, that the alias and the PIN are entered into the same device (to be performed by the customer). Therefore, the combination of the teachings of the fifth and sixth embodiments of D3 would not lead the skilled person to the claimed subject-matter.

4.3.5 Accordingly, the subject-matter of claim 1 involves an inventive step over document D3.

Consequently, the case was remitted to the department of first instance and a patent (EP 1 200 926 B1) was granted afterwards.

More information

You can read the whole decision here: decision T 1413/07 of the Technical Board of Appeal 3.4.03.

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