Talk at the conference "Protection of Intellectual Property Rights", 11 October 2018, Moscow, Russia

1. Bastian Best
German and European Patent Attorney, Partner
Patents for software and disruptive
technologies in Europe
@bastianbest
/bastianbest
Protection of Intellectual Property Rights
11 October 2018, Moscow, Russia

2. Patent applications in ICT at the EPO
Source: European Patent Office: Patents and the Fourth Industrial Revolution (2017)

3. 12.10.2018 3Photo by Justyn Warner on Unsplash

4. Photo by Morgan Jones on Unsplash
ONLY THE TECHNICAL FEATURES
CONTRIBUTE TO INVENTIVE STEP

5. Photo by Matt Artz on Unsplash
WHAT IS “TECHNICAL”?

6. European Law Firm
Munich
Düsseldorf
Paris
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In cooperation with:
Singapore

7. OUR FIRM
TOP Tier IP Boutique – Highly regarded worldwide

8. OUR FIRM
Our team
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+70 80 40
more than more than
more than Years of
Experience

9. IP – OUR PASSION
Our scope of advice

10. Former high-profile Judges as Senior Consultants
Uwe
Scharen
former Chairman of the Xth
Senate (patent senate) of the
German Federal Court of
Justice, the highest German
court for patent cases
Dr. Stefan
Steinbrener
former Chairman of an EPO
Board of Appeal and
member of the EPO Enlarged
Board of Appeal
Dr. Rudolf
Teschemacher
former Chairman of an EPO
Board of Appeal and
member of the EPO Enlarged
Board of Appeal

11. Photo by Matt Artz on Unsplash
WHAT IS “TECHNICAL”?

12. SPECIFIC TECHNICAL
IMPLEMENTATION
ADAPTATION

13. + polynomial reduction algorithm matched to the word size of
the computer hardware
+ optimizing load distribution in a computer network
+ AI algorithm specifically adapted for GPU instruction set
- high mathematical complexity
- automation (of human task)
- algorithmic efficiency (less operations)
SPECIFIC TECHNICAL IMPLEMENTATION
12.10.2018 13

14. EP1 569 128 B1 (2015)
System and method for
accelerating and optimizing
the processing of machine
learning techniques using
a graphics processing unit
SPECIFIC TECHNICAL IMPLEMENTATION
12.10.2018 14

15. + controlling a specific technical system or process
+ digital audio, image or video enhancement
+ speech recognition
+ encoding data for reliable / efficient transmission
+ encrypting/decrypting electronic communications
- generic technical purpose (“controlling a technical system”)
- algorithm “may” serve a technical purpose
SPECIFIC TECHNICAL APPLICATION
12.10.2018 15

16. Spam Classification (T 0022/12)
SPECIFIC TECHNICAL APPLICATION
12.10.2018 16

17. EP 3 078 020 B1 (2018)
Method and apparatus for speech recognition using neural
networks with speaker
adaptation
SPECIFIC TECHNICAL APPLICATION
12.10.2018 17

18. 12.10.2018 18
BEST PRACTICE TIP #1
Explain any technical effects and advantages in
detail in the application documents to be filed.
Include all possible technical applications.
Photo by Tory Morrison on Unsplash

19. 12.10.2018 19
BEST PRACTICE TIP #2
Include “means-plus-function” claims.
Photo by Tory Morrison on Unsplash

20. 12.10.2018 20
BEST PRACTICE TIP #3
Take advantage of “computer program” claims.
Photo by Tory Morrison on Unsplash

21. 12.10.2018 21
BEST PRACTICE TIP #4
Include an independent claim for each entity.
Photo by Tory Morrison on Unsplash

22. 12.10.2018 22
BEST PRACTICE TIP #5
Break up the invention into modular components to
meet the EPO’s strict disclosure standard.
Beware of the inescapable trap!
Photo by Tory Morrison on Unsplash

23. SOFTWARE PATENTS WORLDWIDE
• Germany chapter by Hans Wegner
and Bastian Best
• EPC chapter by Stefan Steinbrener
(former chairman of the EPO „software patents“
Board of Appeal and now senior consultant in our firm)
SOFTWARE PATENTS IN EUROPE AND GERMANY
READING MATERIAL
Ask me for a copy!
bastian.best@bardehle.de

24. BARDEHLE.COM
BARDEHLE PAGENBERG
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Prinzregentenplatz 7
81675 München
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named by Best Lawyers® and Handelsblatt
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