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Gameaccount Ltd; EPB 29 Jun 2007

References: T 1543/06
‘[A]n invention which as a whole falls outside the exclusion zone of [art 52(2)] (i.e. is technical in character) cannot rely on excluded subject matter alone, even if it is novel and non-obvious (in the colloquial sense . .), for it to be considered to meet the requirement of inventive step. . . [I]t cannot have been the legislator’s purpose and intent on the one hand to exclude from patent protection such subject matter, while on the other hand awarding protection to a technical implementation thereof, where the only identifiable contribution of the claimed technical implementation to the state of the art is the excluded subject-matter itself. It is noted that here the term ‘contribution’ encompasses both means (i.e. tangible features of the implementation) and effects resulting from implementation’.
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Last Update: 29-Sep-15 Ref: 276936

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