The document discusses whether software is patentable in Europe. While many believe software cannot be patented, it asserts that this is not fully true. For a software invention to be patentable in Europe, it must produce a technical effect by solving a technical problem, not just a trivial interaction with hardware. A technical problem is one formulated by a software developer to implement a requirement, not a business analyst. If a software solves a technical problem in a novel and non-obvious way, it can be patented in Europe.

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TheBestPractice #001 NOV20
SOFTWARE IS
NOT
PATENT
ABLE
IN EUROPE ➼➼➼

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TheBestPractice #001 NOV20
Many people believe that
software inventions can’t be
patented at the EPO.
But that’s not true.

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Yes, it’s true that European
patents are granted only for
technical inventions which are
novel and non-obvious.
So the big question is:

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What makes software technical?
(doesn’t every software
that runs on a computer
produce a technical effect
already because of the
physical interaction with
the hardware?)

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TheBestPractice #001 NOV20
No, this “trivial” technical
effect is not enough.

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TheBestPractice #001 NOV20
The software needs to
produce a further
technical effect.
In other words, it has to
solve a technical problem.
So what’s a technical problem?

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A good control question is:
Who would formulate
the problem the software
needs to solve?

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Is it the business analyst?
→ non-technical requirement
→ not patentable

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Is it the software developer?
→ technical implementation
of the requirement
→ patentable
(if it’s also non-obvious)

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So, next time you’re
wondering if some
software is patentable,
ask yourself:
“Does it solve a
technical problem”?
Please share this
post with a
colleague.
Thanks!