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1. • Distinguish an element excluded "as such

     • The notion of technical character is used to distinguish an element excluded "as such", within the meaning of Article 52(3) of the European Patent Convention (EPC), from an invention in which this element merely participates.
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     Technical Character in European Patent Law

2. People also ask

   What is technical character?

   • The notion of technical character derives from this old condition. It is therefore nec-essary, first of all, to clarify its meaning. An education is industrial when it is exploitable in the industrial sector. Such a requirement raises two questions.

   Technical Character in European Patent Law - shs.hal.science

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   What is technical character in patent law?

   • De lege lata, the requirement of technical character in patent law relates to the "condition" of invention, which is inferred from an a contrario reading of the list of exclusions from patentability in Article 52(2)(c) of the Munich Convention. According to this provision the elements excluded from patentability are excluded only "as such".

   Technical Character in European Patent Law - shs.hal.science

   shs.hal.science/halshs-02970538/document

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   Is technical character a requirement?

   • Neither the TRIPS nor the European Patent Convention contain an adequate basis for the requirement of technical character, even Article 52 list of exclusions is an imperfect basis (e.g. what are aesthetic creations and computer programs doing in the list when they can be technical?).

   Technicality at EPO After G 1/19 - Kluwer Patent Blog

   patentblog.kluweriplaw.com/2021/03/17/technicality-at-epo-after-g-1-19/

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   Is technical character the same as industrial character?

   • All the more so since this confusion seemed, at first sight, justified in patent law, since technical character was understood as synonymous with industrial character. Such an assimilation between technique and industry is, however, also inaccurate. It is true that, strictly speaking, industry is a production activity that brings about

   Technical Character in European Patent Law - shs.hal.science

   shs.hal.science/halshs-02970538/document

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   Is technical character sufficient to provide a technical solution to a problem?

   • is sufficient to provide a technical solution to a technical problem, and thus an invention. Then, the judges go even further by considering that the technical character may reside in the ergonomic character of the human machine interface. Finally, the court notes a statement in the patent

   Technical Character in European Patent Law - shs.hal.science

   shs.hal.science/halshs-02970538/document

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   Do features have technical or non-technical character?

   • This agrees with the Comvik approach, according to which only features with technical character are to be considered for an inventive step assessment over the prior art. In this context, it is often assumed that features have either technical or non-technical character per se, ie merely by their nature.

   Wonders of technicality: technical features, technical problems

   academic.oup.com/jiplp/article/15/3/219/5740809

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3. www.epo.org › en › legal9.2.4 Features contributing to the technical character of the ...

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   Technical character results either from the physical features of an entity or (for a method) from the use of technical means (T 641/00, OJ 2003, 352, T 1543/06).

4. www.epo.org › en › legal3. Technical character as a requirement for an invention

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   In T 1173/97 (OJ 1999, 609) and T 935/97 the board stated that within the context of the application of the EPC the technical character of an invention was generally accepted as an essential requirement for its patentability.

5. academic.oup.com › jiplp › article-abstractcharacteristics of technical character and the ongoing saga ...

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   Jul 1, 2009 · This paper discusses recent EPO developments regarding the patentability of computer-implemented inventions, its ever-expanding definition of what constitutes a ‘technical character’, and the British courts' reaction to them.

   • Author: Noam Shemtov

   • Publish Year: 2009

6. patentblog.kluweriplaw.com › 2021/03/17Technicality at EPO After G 1/19 - Kluwer Patent Blog

   patentblog.kluweriplaw.com › 2021/03/17

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   Mar 15, 2021 · It seems that EPC should have been revised a long time ago by clearly introducing a condition of technical character. Concerning the definition of technicality, the Enlarged Board refers to Rote Taube case law (i.e. a judgment of the German Supreme Court), but

7. papers.ssrn.com › sol3 › papersTechnical Character in European Patent Law - SSRN

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   Jul 23, 2020 · The technical character, which appeared in 19th century German law in the chemical sector, reappeared in the 1980s in Europe with computer-implemented inventions and biotechnology.

   • Author: Matthieu Dhenne

   • Publish Year: 2020

8. shs.hal.science › halshs-02970538 › documentTechnical Character in European Patent Law

   shs.hal.science › halshs-02970538 › document

   The notion of technical character is used to distinguish an element excluded "as such", within the meaning of Article 52(3) of the European Patent Convention (EPC), from an invention in which this element merely participates.

9. academic.oup.com › jiplp › articleWonders of technicality: technical features, technical ...

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   Feb 19, 2020 · An invention is a technical teaching to methodically utilize controllable natural forces to achieve a causal, perceivable result. 1 Patent claims legally define what technical subject matter should be protected by listing its technical features required for solving an associated technical problem. Only products that incorporate all of these ...