T 2147/16 of 07.09.2021
- European Case Law Identifier
- ECLI:EP:BA:2021:T214716.20210907
- Date of decision
- 7 September 2021
- Case number
- T 2147/16
- Petition for review of
- -
- Application number
- 13194781.4
- IPC class
- G06Q 10/10H04L 12/58
- Language of proceedings
- English
- Distribution
- No distribution (D)
- Download
- Decision in English
- OJ versions
- No OJ links found
- Other decisions for this case
- -
- Abstracts for this decision
- -
- Application title
- System and method for detecting spam using clustering and rating of e-mails
- Applicant name
- Kaspersky Lab, ZAO
- Opponent name
- -
- Board
- 3.4.03
- Headnote
- -
- Relevant legal provisions
- Decision of national courts cited: German Federal Patent Court (Bundespatentgericht) 20 W (pat) 13/09European Patent Convention Art 56
- Keywords
- Inventive step - (no)
Inventive step - effect not made credible within the whole scope of claim
Inventive step - improvement not credible
Inventive step - obvious combination of known features
Inventive step - mixture of technical and non-technical features
Inventive step - problem and solution approach
Inventive step - obvious solution - Catchword
- The mere assumption that an algorithm is optimised for the computer hardware and may have a technical contribution is not sufficient. The implementation of an algorithm in a method for filtering spam messages must have a proved further technical effect or specific technical considerations; such further technical effect must be specifically and sufficiently documented in the disclosure of the invention and be reflected in the claim wording; the algorithm must serve a technical purpose.
Order
For these reasons it is decided that:
The appeal is dismissed.