T 0769/92 (General-purpose management system) of 31.05.1994
- European Case Law Identifier
- ECLI:EP:BA:1994:T076992.19940531
- Date of decision
- 31 May 1994
- Case number
- T 0769/92
- Petition for review of
- -
- Application number
- 86110223.4
- IPC class
- G06F 15/21
- Language of proceedings
- English
- Distribution
- Published in the EPO's Official Journal (A)
- Download
- Decision in English
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- General-purpose management system, method for operating said system and transfer slip
- Applicant name
- Sohei
- Opponent name
- -
- Board
- 3.5.01
- Headnote
I. An invention comprising functional features implemented by software (computer programs) is not excluded from patentability under Article 52(2)(c), (3) EPC, if technical considerations concerning particulars of the solution of the problem the invention solves are required in order to carry out that same invention.
Such technical considerations lend a technical nature to the invention in that they imply a technical problem to be solved by (implicit) technical features.
An invention of this kind does not pertain to a computer program as such under Article 52(3).
II. Non-exclusion from patentability cannot be destroyed by an additional feature which as such would itself be excluded, as in the present case features referring to management systems and methods which may fall under the "methods for doing business" excluded from patentability under Article 52(2)(c), (3) EPC (following established case law according to which a mix of features, some of which are excluded under Article 52(2) and (3) EPC and some of which are not so excluded, may be patentable (in contrast to recent case law concerning inventions excluded by Article 52(4) EPC, cf. T 820/92 according to which one feature excluded under Article 52(4) EPC suffices for the whole claim to be excluded from patentability)).
- Relevant legal provisions
- European Patent Convention Art 111(1) 1973European Patent Convention Art 52(1) 1973European Patent Convention Art 52(2) 1973European Patent Convention Art 52(3) 1973
- Keywords
- Non-exclusion from patentability - technical considerations to be regarded as resulting in a technical contribution to the art - no doing business as such - no computer programs as such - no presentation of information as such
Remittal for further prosecution - Catchword
- -
ORDER
For these reasons it is decided that:
1. The decision under appeal is set aside.
2. The case is remitted to the first instance for further prosecution on the basis of the application documents according to the Appellant's main request (cf. point V), having regard to the above final remarks (points 4.1 to 4.4).