![]() ![]() The technical purpose must be a specific one.įurthermore, the mere fact that a mathematical method may serve a technical purpose is not sufficient, either. Simulating the behaviour of an adequately defined class of technical items, or specific technical processes, under technically relevant conditions (see G‑II, 3.3.2).Ī generic purpose such as "controlling a technical system" is not sufficient to confer a technical character to the mathematical method. The criteria for assessing these two situations are explained below. When the claimed invention is based on a mathematical method, it is assessed whether the mathematical method contributes to the technical character of the invention.Ī mathematical method may contribute to the technical character of an invention, i.e. contribute to producing a technical effect that serves a technical purpose, by its application to a field of technology and/or by being adapted to a specific technical implementation ( T 2330/13). Once it is established that the claimed subject-matter as a whole is not excluded from patentability under Art. 52(2) and (3) and is thus an invention within the meaning of Art. 52(1), it is examined in respect of the other requirements of patentability, in particular novelty and inventive step ( G‑I, 1).įor the assessment of inventive step, all features which contribute to the technical character of the invention must be taken into account ( G‑VII, 5.4). ![]() Even if the resulting method would not be considered a purely abstract mathematical method as such within the meaning of Art. 52(2)(a) and (3), it may still fall under the excluded category of methods for performing mental acts as such if no use of technical means is implied ( Art. 52(2)(c) and (3) see G‑II, 3.5.1). Merely specifying the technical nature of the data or parameters of the mathematical method may not be sufficient on its own to define an invention within the meaning of Art. 52(1). If a claim is directed either to a method involving the use of technical means (e.g. a computer) or to a device, its subject-matter has a technical character as a whole and is thus not excluded from patentability under Art. 52(2) and (3). A purely abstract mathematical object or concept, e.g. a particular type of geometric object or of graph with nodes and edges, is not a method but is nevertheless not an invention within the meaning of Art. 52(1) because it lacks a technical character. For instance, a method for performing a Fast Fourier Transform on abstract data which does not specify the use of any technical means is a mathematical method as such. The exclusion applies if a claim is directed to a purely abstract mathematical method and the claim does not require any technical means. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |