EPO: 14th Symposium of European Patent Judges in Bordeaux
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Started by: zoobabzoobab
Date: 25 May 2009 16:53
Number of posts: 1
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Summary:
My next pair of cases is about those notoriously difficult areas, exclusions from patentability under Art. 52 of the EPC business methods and methods of medical treatment. In Aerotel and Macrossan's Patents 3 we had to consider two patents, one for a method of filling out the forms necessary to form a company and one for a method of making a pre-paid telephone call using a code. In a detailed analysis we found that the EPO cases were not consistent one with another. We could not follow them because we did not know which to follow. In the end we decided that the test proposed by the British Patent Office was the best one could come up with avoiding as far as possible the word "technical" which, as Judge Melullis said at the last Symposium, is a useful servant but a bad master.
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