Programme and abstracts

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Friday, 29 November 2019
8.00 hrs

Registration
Light breakfast, networking opportunity

Plenary sessions
9.00 hrs

Introduction and opening remarks
Herman Phalén, Head of the Patent Department, PRV
Alex Gardiner, Team Manager ICT, EPO

9.15 hrs

Recent developments at the EPO
Alex Gardiner, Team Manager ICT, EPO

Presentation (PDF, 1.7 MB)

9.45 hrs

The EPO approach to computer-implemented inventions (CII)
Daniel Closa, Senior Expert ICT, EPO

Presentation (PDF, 543 KB)

10.30 hrs

Patenting artificial intelligence (AI)
Anders Ströbeck, Senior Expert ICT, EPO

Presentation (PDF, 322 KB)

11.00 hrs

Coffee Break

Workshops
The three workshops will each be held three times in order to give participants the opportunity to attend them all. Each workshop will be chaired by an EPO expert and a European patent attorney or IP expert with knowledge and experience of patenting in the field of lCT.
11.30 hrs

Workshops (round 1)

Workshop 1: Business methods
Alex Gardiner, Team Manager ICT, EPO
Per Wendin, Senior patent engineer, Spotify

Presentation (PDF, 416 KB)
Presentation (PDF, 417 KB)


Workshop 2: Examination of cloud computing at the EPO: claims for the cloud
Daniel Closa, Senior Expert ICT, EPO
Anders Onshage, Assoc General Counsel, Legal - Intellectual Property, Gambro Lundia AB (Baxter International)

Presentation (PDF, 1.1 MB)


Workshop 3: HCI and GUI

Anders Ströbeck, Senior Expert ICT, EPO
David Robinson, European patent attorney, Marks & Clerk

Presentation (PDF, 612 KB)

12.45 hrs

Buffet lunch

13.45 hrs

Workshops (round 2)

15.00 hrs

Coffee break

15.30 hrs

Workshops (round 3)

16.45 hrs

Closing remarks
Alex Gardiner, Team Manager ICT, EPO
Herman Phalén, Head of the Patent Department, PRV

17.00 hrs

Networking cocktail

18.00 hrs

End

Workshop abstracts

Workshop 1

Business methods

Patents in the field of business methods are not easy to get: it is the field with the lowest grant rate within the EPO. However, it is a widespread misconception, based on the wording of Article 52 EPC, that innovations in the field of business methods cannot be protected by patents in Europe.

This session will demonstrate that this is not in fact the case.

Starting from the established examination practice for applications having a mix of technical and non-technical features, the workshop will show how examiners analyse patent applications relating to business methods and what they look at when deciding on the allowability of a claim.

The examination methodology will be explained using examples of recent case law where the outcome was mostly negative, and in a claim drafting section we will provide recommendations on what to do to improve the likelihood of a positive outcome.

Workshop 2

Examination of cloud computing at the EPO: claims for the cloud 

Cloud computing (CC) is a major part of our present and future life, and actors in the CC field naturally have an interest in obtaining patent protection for inventions which include a CC component.

This workshop will explain how the EPO examines CC-related patent applications in the more general context of CII.

The focus will be on what to avoid and what to include when drafting claims in order to increase the chances of being granted a patent.

The second part of the workshop will deal with the apparent contradiction between the territorial rights conferred by a patent claim and the extraterritoriality inherent in CC.

National case law on infringement will be presented, together with its consequences for the way claims have to be written for CC.

Workshop 3

HCI and GUI

There is strong demand for patent protection for inventions relating to data visualisation and user interfaces in a wide variety of technical fields, including computer applications, smartphones, automotive user interfaces and measurement devices. But what kind of contribution over the prior art do these inventions need to make to be patentable, in particular given the EPO's approach to computer-implemented inventions? A key issue here is what aspects of the contribution qualify as "technical", as only these aspects can support the presence of inventive step.

The session on presentations of information will focus on the problem/solution approach used at the EPO, and more specifically the version as used for applications containing a mixture of technical and non-technical features. We will look at the amended Guidelines in G-II, 3.7 and G-II, 3.7.1 in context and discuss some Board of Appeal decisions dealing with the presentation of information and human-computer interaction.

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