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Patents for software and disruptive technologies in europe

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Talk at the conference "Protection of Intellectual Property Rights", 11 October 2018, Moscow, Russia

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Patents for software and disruptive technologies in europe

  1. 1. Bastian Best German and European Patent Attorney, Partner Patents for software and disruptive technologies in Europe @bastianbest /bastianbest Protection of Intellectual Property Rights 11 October 2018, Moscow, Russia
  2. 2. Patent applications in ICT at the EPO Source: European Patent Office: Patents and the Fourth Industrial Revolution (2017)
  3. 3. 12.10.2018 3Photo by Justyn Warner on Unsplash
  4. 4. Photo by Morgan Jones on Unsplash ONLY THE TECHNICAL FEATURES CONTRIBUTE TO INVENTIVE STEP
  5. 5. Photo by Matt Artz on Unsplash WHAT IS “TECHNICAL”?
  6. 6. European Law Firm Munich Düsseldorf Paris Barcelona Verona In cooperation with: Singapore
  7. 7. OUR FIRM TOP Tier IP Boutique – Highly regarded worldwide
  8. 8. OUR FIRM Our team 70605040302010605040302010Attorneys at Law Patent Attorneys Patent Engineers Co-Workers +70 80 40 more than more than more than Years of Experience
  9. 9. IP – OUR PASSION Our scope of advice
  10. 10. Former high-profile Judges as Senior Consultants Uwe Scharen former Chairman of the Xth Senate (patent senate) of the German Federal Court of Justice, the highest German court for patent cases Dr. Stefan Steinbrener former Chairman of an EPO Board of Appeal and member of the EPO Enlarged Board of Appeal Dr. Rudolf Teschemacher former Chairman of an EPO Board of Appeal and member of the EPO Enlarged Board of Appeal
  11. 11. Photo by Matt Artz on Unsplash WHAT IS “TECHNICAL”?
  12. 12. SPECIFIC TECHNICAL IMPLEMENTATION ADAPTATION
  13. 13. + polynomial reduction algorithm matched to the word size of the computer hardware + optimizing load distribution in a computer network + AI algorithm specifically adapted for GPU instruction set - high mathematical complexity - automation (of human task) - algorithmic efficiency (less operations) SPECIFIC TECHNICAL IMPLEMENTATION 12.10.2018 13
  14. 14. EP1 569 128 B1 (2015) System and method for accelerating and optimizing the processing of machine learning techniques using a graphics processing unit SPECIFIC TECHNICAL IMPLEMENTATION 12.10.2018 14
  15. 15. + controlling a specific technical system or process + digital audio, image or video enhancement + speech recognition + encoding data for reliable / efficient transmission + encrypting/decrypting electronic communications - generic technical purpose (“controlling a technical system”) - algorithm “may” serve a technical purpose SPECIFIC TECHNICAL APPLICATION 12.10.2018 15
  16. 16. Spam Classification (T 0022/12) SPECIFIC TECHNICAL APPLICATION 12.10.2018 16
  17. 17. EP 3 078 020 B1 (2018) Method and apparatus for speech recognition using neural networks with speaker adaptation SPECIFIC TECHNICAL APPLICATION 12.10.2018 17
  18. 18. 12.10.2018 18 BEST PRACTICE TIP #1 Explain any technical effects and advantages in detail in the application documents to be filed. Include all possible technical applications. Photo by Tory Morrison on Unsplash
  19. 19. 12.10.2018 19 BEST PRACTICE TIP #2 Include “means-plus-function” claims. Photo by Tory Morrison on Unsplash
  20. 20. 12.10.2018 20 BEST PRACTICE TIP #3 Take advantage of “computer program” claims. Photo by Tory Morrison on Unsplash
  21. 21. 12.10.2018 21 BEST PRACTICE TIP #4 Include an independent claim for each entity. Photo by Tory Morrison on Unsplash
  22. 22. 12.10.2018 22 BEST PRACTICE TIP #5 Break up the invention into modular components to meet the EPO’s strict disclosure standard. Beware of the inescapable trap! Photo by Tory Morrison on Unsplash
  23. 23. SOFTWARE PATENTS WORLDWIDE • Germany chapter by Hans Wegner and Bastian Best • EPC chapter by Stefan Steinbrener (former chairman of the EPO „software patents“ Board of Appeal and now senior consultant in our firm) SOFTWARE PATENTS IN EUROPE AND GERMANY READING MATERIAL Ask me for a copy! bastian.best@bardehle.de
  24. 24. BARDEHLE.COM BARDEHLE PAGENBERG Partnerschaft mbB Prinzregentenplatz 7 81675 München "Law Firm of the Year" 2016 for Intellectual Property Law – named by Best Lawyers® and Handelsblatt "TOP-KANZLEI Patentrecht 2017" – awarded by WirtschaftsWoche "Germany Trade Mark Firm of the Year" 2018 – honored by Managing IP

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