EPO: "Information modelling is an intellectual activity ..."

[PILCH Hartmut <phm@a2e.de>]

One of the rare cases where the EPO uses Art 52 to reject an application
as not referring to an invention, hinting that the applicant should submit
a set of auxiliary claims which provide a "context of a solution to a
technical problem" to the same application.

---------- Forwarded message ----------
Date: Wed, 5 Mar 2003 18:42:06 +0100
To: intprop-l@topica.com

[Not very fresh but just published on the EPO website. -AHH.]


http://legal.european-patent-office.org/dg3/pdf/t990049eu1.pdf

D E C I S I O N
of 5 March 2002

Title of invention: Information model based on a physical system
Applicant: International Computers Limited
Relevant legal provisions: EPC Art. 52(1)(2), 56, 84 R. 64(b)

Catchword:

Information modelling is an intellectual activity and should be
treated like any other human activity in a non-technical  field,
which is, as such, not an invention for the purposes of Article 52(1)
EPC. Only the purposive use of information modelling in the context
of a solution to a technical problem may contribute to the technical
character of an invention.