Swpat.org: Case law in France
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Started by: zoobabzoobab
Date: 03 May 2009 16:25
Number of posts: 1
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A recent case for which French and European decisions were taken simultaneously in the field of business methods concerns EP 0 995 161 and a corresponding French patent 97/08712 (INFOMIL “Device, method and computerised cashing system for automatic delivery of discount coupons”). The French Court revoked the French patent, in a first instance. A decision of an Opposition Division (confirmed by a European Board of Appeal TOll6/06) revoked the European Patent. The French Court and the European Board of Appeal came to the same conclusions invention not excluded from patentability but lacking inventive step. The French Court indicates that “the fact that the result is to provide a commercial advantage end to participate in the marketing ofa store is not to be considered as what is protected is the computer system”. The Court concludes that the invention is not excluded from patentability.
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