Hands-on commentary on UPC decisions, key developments in IP law, and news from SONN.
Jul 30, 2026
In this decision, the Board of Appeal clarifies the requirements for inventive step when introducing variations from the prior art. If a distinguishing feature does not credibly contribute to solving a technical…
Read more →Product-by-process claims are characterized by the fact that the technical content of the invention does not regularly consist in the process as such, but in the technical properties that are conferred on the product by…
Read more →Jan 30, 2025
The mere generation of additional data from data obtained by measurements performed on the human body does not (departing from Board of Appeal decision T 2681/16 and the Guidelines for Examination in the EPO) make a…
Read more →Feb 4, 2022
The computer simulation of physical processes has found its way into wide areas of the economy. The decision G 1/19 now clarified the question under which conditions such a simulation can be patented. An article by our…
Read more →Nov 11, 2020
In a groundbreaking decision (4 Ob 119/20h) the Austrian Supreme Court abandoned its previous stance and adopted the "any hardware" approach of the European Patent Office to assess technicality of a computer-implemented…
Read more →Oct 26, 2020
The "weather" is not a technical system that the skilled person can improve, or even simulate with the purpose of trying to improve it. It is a physical system that can be modelled in the sense of showing how it works.…
Read more →Oct 19, 2020
The notional business person might come up with an abstract idea (in this case: avoiding the customer having to provide PIN and account information to the merchant). However, if the invention requires a new…
Read more →Sep 18, 2019
The decision of the upper regional court of Vienna) dated September 18, 2018, (OLG Wien, 133 R 41/18 d) deals with the technicity exclusively with regard to method claim 1. During the application procedure, claim 1 had…
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