Claims comprising technical and non-technical aspects
In applying the problem-solution approach to this type of claim, in particular for computer-implemented inventions, the steps below should be followed:
The non-technical aspects of the claim(s) are identified; a requirements specification (see G-VII, 5.4.1
) is derived from the non-technical aspect(s) set out in the claims and the description so that the person skilled in the art of a technical field (e.g. an expert in computer science) is informed of the non-technical concept.
The closest technical prior art is selected on the basis of the technical aspects of the claimed subject-matter and the related description.
The differences from the closest prior art are identified.
If there are none (not even non-technical differences), an objection under Art. 54
If the differences are not technical, an objection under Art. 56
is raised. The reasoning for the objection should be that there is no technical contribution to the art.
If the differences include technical aspects, the following applies: firstly, the objective technical problem is formulated, taking into account the requirements specification as under point (i)
above; the solution of the objective technical problem must comprise the technical aspects of the identified differences; secondly, if the solution of the technical problem is obvious to the person skilled in the art, an objection under Art. 56