2.2 Subject-matter excluded from patentability under Art. 52(2) and (3)
A revised version of this publication entered into force. |
For claims directed to computer-implemented business methods, if the features contributing to the technical character of the claimed subject-matter are so well-known that their existence at the relevant date cannot reasonably be disputed (T 1411/08, Reasons 4.1 and 4.2, and T 690/06, Reasons 13), no documentary evidence as to the relevant state of the art is required in the search report. Such "notorious" knowledge, for which no documentary evidence needs to be cited, is not to be confused with the skilled person's common general knowledge, which is something that generally can be reasonably questioned (G‑VII, 2 and 3.1). In such exceptional cases, a search report with no documents cited may be issued under Rule 61 (OJ EPO 2007, 592). This search report under Rule 61 is to be distinguished from a declaration of no search or a partial search report under Rule 63(2).