5.2. Concept of technical character in the case law
Overview
5.2. Concept of technical character in the case law
Even in their leading decisions (G 3/08 date: 2010-05-12, G 2/07, G 1/19), the boards of appeal do not explicitly define in the case law how they understand the concept of technical character. Nor does the EPC prohibit the patenting of inventions that consist of a mix of technical and non-technical features. It is not necessary to give a relative weighting to technical and non-technical features. If the invention defined in the claim uses technical means, it can be patented provided it meets the requirements of Art. 52 to 57 EPC (T 26/86). In G 1/19 the Enlarged Board held that a method involving technical means is an invention within the meaning of Art. 52(1) EPC. This approach has sometimes been described as the "any technical means" or "any hardware" approach (G 3/08 date: 2010-05-12).