I received a fantastic question from a newsletter reader that I’m sure many of you have pondered:
Does the problem or the solution need to be technical in a European patent?
The short answer? Both!
In the European Patent Office (EPO), securing a software patent requires a technical solution to a technical problem. The EPO’s G1/19 decision breaks it down beautifully, covering all the nuances:
The same manner of assessment applies to features which can be considered to be technical per se: they do not necessarily contribute to the technical solution of a technical problem. An invention may have (i) technical features which contribute, (ii) technical features which do not contribute, (iii) non-technical features which contribute and (iv) non-technical features which do not contribute to the technical solution of a technical problem and thereby potentially to the presence or not of an inventive step.
G1/19, Reasons no. 33
Feeling overwhelmed?
You’re not alone. Navigating the nuances of European software patent law can be challenging.
If you want to clear up the fog, join my Patenting AI Masterclass. I’ll be breaking down these complex concepts into simple, actionable insights, providing you with the clarity you need to protect your innovations.
Tickets here: https://powerclaim.io/patenting-ai-masterclass/ (20% discount for newsletter subscribers)
Hope this helps,
Bastian