The EPO And The JPOs Comparative Study On Computer-Implemented Inventions/Software-Related Inventions: Part One

The European Patent Office (EPO) published a study that was jointly conducted with the Japan Patent Office (JPO) and aimed to provide patent applicants and practitioners with insights into how each office examines applications directed to computer-implemented/software related inventions. The study can be found here. Herein, references to "the study" refer to this document.

In this first article, we provide a summary results of the study in general, and concentrate on some examples of claims that were examined for whether their subject matter was excluded from patentability for not statutorily defining an invention.

The study, at a glance

16 cases were contrasted to examine whether the same claims would have different outcomes to their prosecution before the EPO and the JPO. 27 claims across these cases were examined and it was determined whether the offices refused or did not refuse these claims on the basis of failing, or fulfilling, one of four criteria: (i)