INFORMATION FROM THE CONTRACTING / EXTENSION STATES
Decision of the Bundespatentgericht (Federal Patent Court) dated 13 February 1992
(23W (pat) 24/90)*
Headword: Herstellungsverfahren für ein elektronisches Gerät (Manufacturing process for an electronic device)
Section 1 PatG (Patent Law)
Keyword: "Technicality of invention (yes) - close combination of technical and non-technical means for obtaining a technical result"
1. Teaching which makes use of matter and energy, as natural forces, and information (in the form of characteristic data, a method of calculation or a computer program) in such a way that the last-mentioned entity (a fundamental quantity) is so "closely connected" with the other technical means used that a technical result is obtained without the need for intellectual activity, is of a technical nature (development of Bundesgerichtshof case law X ZR 43/911 - Tauchcomputer (Diving computer); Blatt für PMZ 1991, 3452 - Seitenpuffer (Cache)). Such a close connection exists if, for example, during the manufacturing and testing of an electronic device the information documenting a specific stage of the testing is stored permanently in the memory provided for the later functioning of the device and serves to control the subsequent manufacturing and testing stages.
2. Nor does an additional effect of a non-technical nature obtained as a consequence of the direct technical result, which requires intellectual activity for the advantageous further exploitation of the stored information for another purpose, detract from the technical nature of the teaching.