Data processing method, Federal Court of Justice (Bundesgerichtshof), 20 January 2009

The Federal Court of Justice clarified the interdependencies of its case law concerning computer implemented inventions. An application has technical character if a non technical feature is inserted in a technical process. The comprehensive inspection of the object of the application does not allow discretionary weighing of technical and nontechnical parts. Due to the exemption from patentability of Section 1 Paragraph 3 No. 3 German Patents Act, the application has to solve a technical problem by technical means. Therefore only technical aspects are relevant to assert the exemption.

The full summary of this case has been posted on Kluwer IP Law.