2. Considerations relating to specific exclusions from and exceptions to patentability
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  6. Subject-matter to be excluded from the search
  7. 2. Considerations relating to specific exclusions from and exceptions to patentability
  8. 2.2 Subject-matter excluded from patentability under Art. 52(2) and (3)
  9. 2.2.1 Computer-implemented business methods
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2.2 Subject-matter excluded from patentability under Art. 52(2) and (3)

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2.2.1 Computer-implemented business methods 

If the features contributing to the technical character of the subject-matter of claims directed to computer-implemented business methods are so well-known that their existence at the relevant date cannot reasonably be disputed (T 1411/08, Reasons 4.1 and 4.2, and T 690/06, Reasons 13), the search division does not have to cite any documentary evidence of the relevant state of the art in the search report, because they then amount to "notorious" knowledge, for which no such evidence is needed. "Notorious knowledge" is not to be confused with the skilled person's common general knowledge, which is something that generally can be reasonably challenged (G‑VII, 2 and 3.1). In such exceptional cases, a search report with no cited documents may be issued under Rule 61 (OJ EPO 2007, 592). This is not the same thing as issuing a declaration of no search or a partial search report under Rule 63(2).

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