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ARTICLE · 15 AUGUST 2022

G 1/19: Did This Decision Surprise Us?

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G 1/19's requirement that the technical effect be present throughout the scope of the claim is understood as meaning that when a patent application is drafted...

United KingdomIntellectual Property
Bernhard Ganahl
Bernhard Ganahl
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G 1/19's requirement that the technical effect be present throughout the scope of the claim is understood as meaning that when a patent application is drafted, all possible technical applications of a computer-implemented invention must be included and named in the application text in order to obtain protection for them (e.g. Harald Heiske in Bulletin of the German Patent Attorneys 2021, p. 425ff). This article illustrates how this requirement corresponds to long-established case law on essential features and explains it using an example.

Key concepts:

  • G 1/19 requires that the technical contribution (technical character) or the technical effect be present over the entire scope of the claim.

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