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ARTICLE · 14 MAY 2024

Eenforcing A Documented Workflow Across Distributed Computing Entities: Technical Effect Not Decided

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

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When assessing inventive step of computer-implemented methods, examining divisions must provide detailed reasoning on individual method steps rather than dismissing them generically as non-technical workflows. This decision from the EPO Technical Board of Appeal examines how the COMVIK approach should be properly applied when evaluating software patents that combine continuous integration with change management systems, and when remittal for additional search may be warranted.

GermanyIntellectual Property

The application underlying the discussed decision concerns a method for changing software code executed by a production system by combining continuous integration (CI) with a change management computer system (CMCS) to enforce a documented workflow across distributed computing entities. The decisive issue was whether the method steps defining the workflow for checking, testing, and deploying changed software code across a distributed system constituted merely a non-technical change management workflow or involved technical features requiring a more detailed assessment. The Board found that the examining division had insufficiently analyzed the technical character of the individual method steps and remitted the case for further prosecution, including an additional search covering continuous integration.

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