From ramon@jl1.quim.ucm.es  Fri Feb 16 13:43:10 2001
Date: Fri, 16 Feb 2001 14:43:10 +0100
From: Ram'on Garc'ia Fern'andez ramon@jl1.quim.ucm.es
Subject: Odp: [Patents] Dutch MP's demand triviality criteria in the law before allowing SW pats

Very interesting: 

   9.4 While the claim should in each case be directed to technical
   features (and not, for example, merely to an idea), in order to assess
   whether an inventive step is present it is important for the examiner
   to bear in mind that there are various ways in which the skilled
   person may arrive at an invention. An invention may, for example, be
   based on the following:

   (i) The formulation of an idea or of a problem to be solved (the
   solution being obvious once the problem is clearly stated).

So that the EPO is circunventing the requirement of technical character
by using lawyer tricks.

Ramon




