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ARTICLE · 12 JANUARY 2021

An Objective Approach To The Assessment Of Inventive Step For Computer-implemented Inventions (RICOH Case)

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

Bardehle Pagenberg

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This is an important decision when it comes to the patentability of software.

GermanyIntellectual Property

This is an important decision when it comes to the patentability of software. 

On the merits, the European Patent Office revoked a software patent for order management with the decision T 0172/03 (Order management/RICOH) of 27.11.2003 of Technical Board of Appeal 3.5.01. Here are the practical takeaways from the decision:

Catchword

The RICOH case provides an objective approach to the assessment of inventive step for computer-implemented inventions. It teaches to identify first the claimed features which define the non-technical part of the invention, and then to identify the claimed features that are clearly technical.

The invention

This European patent application concerns an order management system and method for automatically placing an order for particular expendable supplies based on order information input from each department or section of a user of the system. Expendable supplies or parts are such as copy papers or toner cartridge used in

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