Important Decision on Patent Eligibility Important Decision on Patent Eligibility
In a landmark decision, the Federal Court of Justice (BGH) clarified the issue of patent eligibility on August 27, 2024, in the case with the file number X ZR 71/22. The ruling addresses the question of to what extent patents for inventions supported by computer programs are legally valid.
The case heard by the BGH revolves around the filing of a patent describing a novel method for data processing. The applicant classified the invention as innovative and indeed new. The Higher Regional Court had previously ruled that the applied patent was not lawful due to a lack of inventive step. However, the BGH overturned this ruling, stating that the invention could certainly be considered patentable, provided that the technical features of the method are clearly defined.
The BGH made it clear that computer programs are not per se excluded from patentability. However, it must be demonstrated that the relevant invention achieves a technical effect.In its ruling, the court referred to previous decisions in which the definition of inventions that have a "technical character" had already been addressed. It is crucial to examine whether a technical problem is being solved and whether the solution goes beyond the state of the art.
The decision could have far-reaching consequences for the software and data processing industry. Experts believe that companies developing innovative software solutions may increasingly rely on patents to legally protect their inventions. This could be particularly significant for start-ups that depend on their technology to remain competitive.
Reactions to the ruling have been mixed. While some professionals viewed the decision as a positive step towards stronger protection for software inventions, others expressed concerns that this could lead to an increase in patent litigation. It was argued that the interpretation of the Federal Court of Justice might unnecessarily make certain areas of software development patentable, which would increase the pressure for innovation on developers.
In conclusion, it can be said that the decision of the Federal Court of Justice represents an important step in the discussion about the patentability of software. The ruling lays the foundation for future proceedings and could lead to companies increasingly seeking to protect their technological achievements through patents.
Author: Anita Faake, Friday, September 13, 2024
