European patent application for internet trading refused at second instance too

Munich, 2.10.06 - At oral proceedings held on 29 September 2006, a Technical Board of Appeal at the European Patent Office endorsed the refusal of a European patent application filed by US company Ed Pool et al. for an internet trading system. The EPO had refused the application in November 2002 during the examination procedure. The Board of Appeal - an independent, second-instance appeal body within the EPO - will give the reasons for its decision in writing. No further procedural remedies are available to the applicants.

Application No. EP 98963827.5 with the title "Universal Shopping Center for International Operation" describes an e-commerce platform for international trading via the internet. The applicants were granted a US patent for the same system in December 2000 (No. US-A-6.460.020). In view of its possible economic consequences for internet trading, the patent aroused considerable public interest in the USA.

On 17 December 1998, Ed Pool et al. requested that a European patent be granted for their e-commerce system. The application was refused by an EPO Examining Division, partly on the grounds that the invention related to a non-technical business method and therefore non-patentable subject-matter. In March 2003, the applicants filed an appeal against the Examining Division's decision. The Board of Appeal has now dismissed the appeal, thereby endorsing the decision taken at first instance.

Contacts for further information:

Rainer Osterwalder
Press Spokesman
+49 89 2399-1820
press@epo.org