T 854/90 - IBM
Date of the Decision:
1992-03-19 Headnote:
- The proper interpretation of the word “inventions” in Article 52(1) EPC requires a claimed subject-matter or activity to have a technical character and thus in principle to be industrially applicable, if it is to be patentable – following decisions T 208/84 - Computer-related invention/VICOM (OJ EPO 1987, 4) and T 22/85 (OJ EPO 1990, 12).
- A claim which, when taken as a whole, is essentially a business operation, does not have a technical character and is not a claim to a patentable invention within the meaning of Article 52(1) EPC, even though the claimed method includes steps which include a technical component. The true nature of the claimed subject-matter remains the same, even though some technical means are used to perform it.
