Computer-implemented Inventions

Video overview:

To obtain a patent for a CII in Europe, two main hurdles must be cleared:

1. Eligibility

• A claim must have technical character—even one technical feature is enough.
• Examples of technical features include:
  • Processing physical data.
  • Affecting how a computer operates.
  • Controlling internal computer functions.
  • Low-level code processing (e.g., compilers).

2. Inventive Step

• Requires a non-obvious technical contribution over prior art.
• Only technical features are considered in the inventive step analysis.
• If differences from prior art are all non-technical → No inventive step.
• If there are technical differences → Use the problem-solution approach.

 Technical vs. Non-Technical Features

• Technical: Physical data processing, computer operation, low-level software.
• Non-Technical: Business logic, admin processes, cognitive data.

Types of CII Claims

• Software-only: Method, device, or computer-readable medium.
• Hardware-specific: May need to specify hardware or additional devices.
• Distributed systems: May require claims for each system component and the overall system.

Drafting Tips

• Emphasize technical effects in the description.
• Avoid business framing; present the invention in a technical context.
• If using known methods on a computer, describe technical challenges overcome.

If special hardware is needed, clearly specify it in the claims.