[Patents] consultation questions

[ramon@jl1.quim.ucm.es (Ram'on Garc'ia Fern'andez)]

On Tue, May 08, 2001 at 06:26:37PM +0200, Pierre Breese wrote:

> >> No, patent does NEVER protect an IDEA (or a result). Patent protect only 
> >> a
> >> new and inventive EMBODIMENT of an idea
> > 
> > So the idea of the program, that is, the problem that we want to
> > solve, in opposition to the solution, is not patentable?
> >
> Exactly.  
> 

This is false. According to guidelines for examiners of the EPO, Part C,
Chapter IV, 9 (inventive step) 

http://www.european-patent-office.org/legal/gui_lines/e/c_iv_9.htm

   [...]

   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).

   Example: the problem of indicating to the driver of a motor vehicle at
   night the line of the road ahead by using the light from the vehicle
   itself. As soon as the problem is stated in this form the technical
   solution, viz. the provision of reflective markings along the road
   surface, appears simple and obvious. For another example see T 2/83,
   OJ 6/1984, 265.

   [...]