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[FYI] EPO will not search pure business methods under PCT
- To: debate@lists.fitug.de
- Subject: [FYI] EPO will not search pure business methods under PCT
- From: "Axel H Horns" <horns@ipjur.com>
- Date: Tue, 14 Aug 2001 15:50:58 +0200
http://www.epo.co.at/news/pressrel/2001_08_13_e.htm
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It has become apparent in recent months that an ever increasing
number of international applications for which the EPO is to act as
International Searching Authority and International Preliminary
Examining Authority relate primarily to methods of doing business and
commonplace features relating to their technological implementation.
For the avoidance of doubt the EPO wishes to remind applicants that
pursuant to Rule 39.1(iii) PCT it will not carry out an international
search on an application to the extent that its subject-matter
relates to no more than a method of doing business, in the absence of
any apparent technical effect.
Moreover, claims to commonplace technological implementations of such
methods will not be searched because it would not serve any useful
purpose to do so.
In such cases a declaration will be issued that no international
search report will be established or where appropriate that a partial
search report only will be established pursuant to Article 17(2) PCT.
This may well have consequences for the procedure before the EPO as
IPEA in view of the fact that claims relating to inventions for which
no international search report has been established need not be the
subject of international preliminary examination (Rule 66.1(e) PCT).
Furthermore the EPO is not required to carry out an international
preliminary examination on an application if its subject-matter is a
method of doing business (Rule 67.1(iii) PCT).
The EPO also wishes to remind applicants that methods of doing
business per se are excluded from patentability pursuant to Article
52(2)(c) & (3) EPC. Claims to such methods and their commonplace
technological implementation in European patent applications will not
be searched because it would not serve any useful purpose to do so.
In such cases no search report will be established or where
appropriate a partial search report only will be established pursuant
to Rule 45 EPC.
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