A resolution by the German Federal Court of Justice from October 2021 might be seen as a constructive litmus take a look at for the patenting of computer-implemented innovations in Germany. The resolution can also be essential for probably the most important key applied sciences, resembling synthetic intelligence and quantum computing.
In the choice X ZR 98/19 of October 7 2021, the German Federal Court of Justice (Bundesgerichtshof – BGH) as soon as once more needed to resolve on the difficulty of patenting software.
Although the BGH didn’t give the choice a title or a guideline in phrases of a headnote, there may be extra to study from this resolution than from many different extra often cited selections that obtain extra media consideration. Studying the choice presents the chance to study to what limits the BGH presently considers software to be patentable.
The patent in go well with
With the current resolution, the BGH confirmed a call by the German Federal Patent Court to uphold patent DE 600 31 088.4. The patent in go well with pertains to a technique for presenting knowledge saved in an information storage system of a server, the place a unidirectional or one-way knowledge path is used, and no backtracking is feasible.
Claim 1 of the patent in go well with reads as follows:
“Method for presenting knowledge saved in an information storage system (2) on an information server (3) for a person, whereby the person accesses the info server by way of a community, whereby in the method between the entry to the server and the presentation of the info at the least one knowledge path is used, over the management knowledge related to the collection of knowledge are to be despatched, whereby the at the least one knowledge path is unidirectional.”
Analysis of the declare
First, it’s exceptional that the BGH considers the query of the technical character of the options of the above patent declare to be so clear and constructive. The BGH due to this fact considers a deeper dialogue, or any additional reference to the corresponding case regulation and the rules established therein, to be dispensable.
Second, it’s important that the BGH interprets the criterion for the technical character – {that a} knowledge processing program takes into consideration the technical circumstances of the info processing system – very broadly.
Claim 1 of the patent in go well with mainly exhausts itself in the connection and consideration of a unidirectional knowledge path, and plainly this very restricted connection to the info processing system was enough to render the subject material of this declare technical.
Particularly for future applied sciences resembling synthetic intelligence and quantum computing (though for the latter the query of {hardware} – superconductors versus ion traps – is under no circumstances determined but), it appears to be advantageous if the interplay of {hardware} and software doesn’t must be described in an excessive amount of element in the declare.
Therefore, the strategy of the BGH of not imposing a excessive requirement on the linkage of software and {hardware} appears to be very advantageous for patent purposes in the fields of synthetic intelligence and quantum computing.
Simon Lud
Partner, Maiwald
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