This post summarizes the prosecution process of German patent applications and the enforcement of German patents. The explanations mostly apply to software-related patents as well as to any other German patent regardless of its technical field.
The decision T 0154/04 (Estimating sales activity/DUNS LICENSING ASSOCIATES) of November 15, 2006 is one of the landmark decisions when it comes to the patentability of software inventions at the European Patent Office. During oral proceedings the appellant submitted the following questions for referral to the Enlarged Board of Appeal: (1) What is the correct… Read More
European software patents are granted by the EPO for inventions which are novel and involve an inventive step. In the COMVIK decision it was held that inventive step can only be based on technical features, but not on non-technical features. But what about the preceding hurdle of novelty? Is an invention novel if it differs… Read More