CLR I D 8.4 Everyday items from a different technical field

In T 1043/98 the patent concerned an inflatable gas-bag for a vehicle restraint system, one part being club-shaped and the other generally butterfly-shaped. According to the appellant, the skilled person would immediately arrive at the claimed gas-bag from his knowledge of tennis-ball or baseball construction. This raised the issue of the application of features or solutions drawn from another technical field but which could be considered "everyday items".

CLR I D 8.1.4 Identification of the skilled person in the case of computer-implemented inventions

In T 641/00 (OJ 2003, 352) the board stated that the identification of the skilled person needs careful consideration. He will be an expert in a technical field. If the technical problem concerns a computer implementation of a business, actuarial or accountancy system, he will be someone skilled in data processing, and not merely a businessman, actuary or accountant (T 172/03).

Pages

Subscribe to XEPC: EPC and PCT resource RSS