Technical contribution

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The term “ technical contribution ” is an indefinite legal term from patent law introduced by case law , which is intended to distinguish patentable from non-patentable software inventions (so-called computer-implemented inventions). The previously decisive concept of technicality has been pushed into the background by the technical contribution that is now required.

The term “technical contribution”, which was developed in European patent law, also played a central role in the EU draft directive for computer-implemented inventions. The BGH has taken up the approach by regularly demanding that a computer-implemented teaching is only patentable if its object is to solve a specific technical problem with technical means .

In the opinion of the Technical Boards of Appeal, when examining inventive step, whether or not a computer program makes a technical contribution should be examined.

The term technical contribution should be introduced in the directive on the patentability of computer-implemented inventions as an indefinite legal term that would have to be filled in by case law. The legislature always falls back on an indefinite legal term when a general regulation is forbidden due to the complexity of the subject to be regulated. The draft directive was rejected by a large majority, so that the term “technical contribution” currently has no clear legal basis.

According to the BGH, a computer-implemented teaching is patentable if its object is to solve a specific technical problem with technical means. (see among other things BGH “electronic payment transactions” PatG 1981). Such solutions to a specific technical problem must be checked for patentability, even if they are of subordinate importance for the subject matter of the application (cf. BGH “ Control Unit for Investigation Modalities”, PatG 1981).

Indications for the existence of a technical contribution

  • The program is integrated into technical processes, for example: processing of measurement results, monitoring of technical facilities, regulating external effects (see BGH Antiblockiersystem PatG 1968).
  • The solution is characterized by a knowledge based on technical considerations and their implementation, for example: Checking and comparing data as an intermediate step in the context of the production of technical objects (see BGH logic verification (decision) ).
  • The program concerns the function of the data processing system as such and thus enables the direct interaction of its elements (cf. BGH Seitenbuffer (decision) PatG 1968).
  • The program teaches the specific structure of a data processing system or how to use such a system in a peculiar way (cf. BGH Seitenbuffer (decision) PatG 1968).

Web links

Software patents) ipwiki.de (with references to case law