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ARTICLE · 02 APRIL 2025

Patenting Software Inventions In Europe: Understanding The Need For A Technical Contribution

Potter Clarkson LLP
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As part of a new series of articles, we discuss key takeaways from recent decisions by the Boards of Appeal at the European Patent Office...

United KingdomIntellectual Property
Andrew Pearson
Andrew Pearson
Craig Brownlie
Craig Brownlie
Saiful Khan
Saiful Khan
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As part of a new series of articles, we discuss key takeaways from recent decisions by the Boards of Appeal at the European Patent Office, as these provide learning points for those seeking patent protection for software inventions in Europe.

BACKGROUND

Is my invention patentable? For most inventions, the answer is straightforward: yes, in principle, assuming the invention is new (novel) and not obvious (inventive).

For software inventions in Europe, however, the answer is usually another question: well, what does the software do? This is because the purpose or contribution of a software invention risks being found by the European Patent Office to be non-technical or falling under one or more areas that are excluded from patent protection1.

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