Computer-implemented Inventions

Video overview:

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

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).
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.