Determining Visibility Of Content On Web Browser By Indirect Measurement: Technical

This EPO Board of Appeal decision concerns a patent application for determining the visibility of content on a web browser. In the appeal, the Board considered that determination is performed by measuring raw information about running web browsers to estimate a technically meaningful parameter. Such indirect measurement is normally of a technical nature.

This decision is one of the examples of applying the G 1/19 decision, where the EPO Enlarged Board noted that regardless of their use, indirect measurement relates to physical reality and is technical in nature. Here are the practical takeaways from the decision T 1422/19 (Content item visibility/GOOGLE) of 19.5.2021, of Technical Board of Appeal 3.5.07: