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Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

 

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Thursday, September 29, 2005

 

EPO BoA on "Presentation of Information".

From Case Law EXTERNAL LINKT 0858/02 - 3.5.3 of the Boards of Appeal of the European Patent Office:
"Catchword:

1. When considering the nature or category of a claimed invention attention must be paid to the substance of what is claimed, rather than only taking into account how the claimed subject-matter is designated, which can be deceptive.

2. An electronic message is not automatically excluded from patentability under Article 52(2)(d) EPC as a presentation of information. This will depend on whether the message is defined by its structure or its content."

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So yet more drivel from the BoA as to what is considered patentable under Art. 52. The structure of an e-mail, c'mon !!! Errm, now let me see, where did I leave those RFCs ;-)

Alex Thurgood
 
 
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