5.2. Concept of technical character in the case law
Overview
5.2. Concept of technical character in the case law
This section has been updated to reflect case law and legislative changes up to 31 December 2023. For the previous version of this section please refer to the "Case Law of the Boards of Appeal", 10th edition (PDF). |
Even in their leading decisions (G 3/08, G 2/07, G 1/19), the boards of appeal do not explicitly define in the case law how they understand the concept of technical character. Nor does the EPC prohibit the patenting of inventions that consist of a mix of technical and non-technical features. It is not necessary to give a relative weighting to technical and non-technical features. If the invention defined in the claim uses technical means, it can be patented provided it meets the requirements of Art. 52 to 57 EPC (T 26/86). In G 1/19 the Enlarged Board of Appeal held that a method involving technical means is an invention within the meaning of Art. 52(1) EPC. This approach has sometimes been described as the "any technical means" or "any hardware" approach (G 3/08).