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SEPTEMBER 16

The patentability of programs with

The European Patent Cbut dprograms, which are not considered

from the field

The European Patent Office (EPO), sequences of instructions execpurely abstract

However, thesuch", that is, instructionscomputer program that an invetechnical effect (for e

when technical means are necessary to implement it (e.g., a robot). However, the EPO considers that when the program is implemented by a computer, it must generate "normal" interactions between the program and the computer.

According to the EPO guidelines, an exampleffect may in the control of an industrial process. The Eadditionalcomputer on wh

specific files containing information for search of data on a computer). During the process of examining the patentability of a patent application, patentability criteria (novelty, inventive acstudied only once the question of whether the claimed invention belongs to the field of patentability is resolved.

SUMMARY

• The patentability of programs with the European Patent Office

• IPSIDE continues its international development

The patentability of programs with the European Patent Office

The European Patent Convention (EPC) does not but defines a certain number of elements or activities, including computer programs, which are not considered as inventions and are therefore

from the field of patentability.

The European Patent Office (EPO), which defines computer programs as sequences of instructions executable by a computer, considerspurely abstract creations, devoid of any technical character.

However, the computer programs are excluded from patentability only "as ", that is, this exclusion concerns only the

instructions. Indeed, the inventions with a technical naturecomputer program are not excluded from patenta

that an invention have a technical nature, in particular when it produces a technical effect (for example, when it is the cause

when technical means are necessary to implement it (e.g., a robot).

However, the EPO considers that when the program is implemented by a computer, it must generate an additional technical effect

"normal" interactions between the program and the computer.

According to the EPO guidelines, an example of aneffect may confer a technical character to a computer program may reside in the control of an industrial process. The EPO also considers that an additional technical effect can be produced in the internal operationcomputer on which it is installed (for example, a method of creation of the

specific files containing information for search of data on a computer).

During the process of examining the patentability of a patent application, patentability criteria (novelty, inventive activity and industrial application) are studied only once the question of whether the claimed invention belongs to the field of patentability is resolved.

BRIEF NO. 5

the European Patent Office

onvention (EPC) does not define the term "invention", or activities, including computer

as inventions and are therefore excluded

defines computer programs as the utable by a computer, considers them to be

technical character.

computer programs are excluded from patentability only "as clusion concerns only the sequence of executable

with a technical nature implemented by a are not excluded from patentability. It is important to note

, in particular when it produces a xample, when it is the cause of physical interactions) or

when technical means are necessary to implement it (e.g., a robot).

However, the EPO considers that when the program is implemented by a technical effect going beyond the

"normal" interactions between the program and the computer.

e of an additional technical a computer program may reside

PO also considers that an roduced in the internal operation of a

ich it is installed (for example, a method of creation of the

specific files containing information for search of data on a computer).

During the process of examining the patentability of a patent application, tivity and industrial application) are

studied only once the question of whether the claimed invention belongs to

2

It is often very difficult to determine where lies the line of demarcation between patent computer programs "as such" excluded from patentability and those related to the patentable technical solutions in the form of inventions implemented by computer.

In addition, difficulties can also come from the fact that computepresentation of information and/or mathematical formulas

excluded from patentability by the EPC because they are not considered as inventions. This is why we are at your disposal to assist you in the identification of your inventions belonging to the field of patentability, and more particularly to the establishment of a strategy for the protection of your inventions

relating to computer programs. We invite you to contact us for any question. To go further: http://archive.epo.org/epo/pubs/oj011/01_11/01_0101.pdf

IPSIDE continues its international development

We have the pleasure to inform you that IPSIDE has just opened an office in San Francisco, in the heart of Silicon Valley

with the bar in California - has joined Ipside Innovation on last June 7 to take charge the San Francisco office, relating to services of Ipside innovation towards

particular, on the side of the French Tech established

IPSIDE has also opened two offices in China, in Chengdu

structure allows us to be the bridge between our French organization and the Chinese office to follow the dossiers of our French or European clients, as well

the patent as trademark. This structureclients wanting to develop their brand and/or patent in China and outside of their territory, in particular with the support of our French and American

structure. In 2017, Ipside is expected to have 3 offices in China, with at least two people in each office.

6 impasse Michel Labrousse 29 rue de Lisbonne31100 TOULOUSE 75008 PARIS Tel: 05 31 50 00 22 Tel: 01 80 40 08 02

It is often very difficult to determine where lies the line of demarcation between patent computer programs "as such" excluded from patentability and those related to the patentable technical solutions in the form of inventions implemented by computer.

In addition, difficulties can also come from the fact that computer programs often implement the mathematical formulas, which are also part of the elements or activities

by the EPC because they are not considered as inventions.

sposal to assist you in the identification of your inventions belonging to the field of patentability, and more particularly to the establishment of a strategy for the protection of your inventions

us for any question.

http://archive.epo.org/epo/pubs/oj011/01_11/01_0101.pdf

Mathieu Laloix PATENT Engineer CEIPI

IPSIDE continues its international development

We have the pleasure to inform you that IPSIDE has just opened an office Silicon Valley. Meryl Haggege – registered

has joined Ipside Innovation on last June 7 to office, to develop the contractual support

relating to services of Ipside innovation towards Start-ups and prospect, in

he side of the French Tech established in California.

has also opened two offices in China, in Beijing

Chengdu in July 2016 in order to have a presence on the Cstructure allows us to be the bridge between our French organization and the

hinese office to follow the dossiers of our French or European clients, as well

the patent as trademark. This structure also has the task of advising Cclients wanting to develop their brand and/or patent in China and outside of their territory, in particular with the support of our French and American

is expected to have 3 offices in China, with at least two people in each office.

29 rue de Lisbonne 7-9 Allées Haussmann

75008 PARIS 33300 BORDEAUX Tel: 01 80 40 08 02 Tel: 05 33 10 00 20

It is often very difficult to determine where lies the line of demarcation between patent applications relating to computer programs "as such" excluded from patentability and those related to the patentable technical

r programs often implement the , which are also part of the elements or activities

by the EPC because they are not considered as inventions.

sposal to assist you in the identification of your inventions belonging to the field of patentability, and more particularly to the establishment of a strategy for the protection of your inventions

Beijing in June 2016, and rder to have a presence on the Chinese market. This

structure allows us to be the bridge between our French organization and the hinese office to follow the dossiers of our French or European clients, as well

also has the task of advising Chinese clients wanting to develop their brand and/or patent in China and outside of their territory, in particular with the support of our French and American

is expected to have 3 offices in China, with at least two people in each office.

4 rue du Kérogan 29330 QUIMPER

Tel: 02 98 10 24 00