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Difference between revisions of "Technical solutions not technical problems"

(:''(NOTE: The term "''technical''" is very important in European patent law, but less so in other regions. Could someone add a section to explain this same problem in terms of the patentabili)
 
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Some authors suggest that the [[criteria for patentability]] should be applied to problems rather than solutionsFor example, if a patent application has to be "technical", then they say that solving a technical problem is sufficient.
:''(NOTE: The term "''technical''" is very important in [[EPO|European]] patent law, but less so in other regionsCould someone add a section to explain this same problem in terms of the patentability criteria of other regions?)''
 
  
If ideas must be "technical" to be patentable in a jurisdiction, then we must ensure that this criterion is applied to the idea or the solution, not the problem that's solved.
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This is incorrect, and it's important to avoid the confusion.
  
Consider a company that holds meetings on the fourth floor of a building.  They install a new lift, but there's a technical problem: the lift doesn't stop at the fourth floor.  Possible solutions:
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Consider a company that holds meetings on the fourth floor of a building.  They install a new lift, but there's a technical problem: the lift doesn't stop at even floors.  Possible solutions:
# Reconfigure the lift, enabling it to stop at the fourth floor.
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# Modify the hardware of the lift, enabling it to stop at the fourth floor.
# Hold meetings on the third floor.
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# Hold meetings on the third or fifth floor.
  
 
The first solution is technical, the second isn't.
 
The first solution is technical, the second isn't.

Latest revision as of 12:18, 13 July 2012

Some authors suggest that the criteria for patentability should be applied to problems rather than solutions. For example, if a patent application has to be "technical", then they say that solving a technical problem is sufficient.

This is incorrect, and it's important to avoid the confusion.

Consider a company that holds meetings on the fourth floor of a building. They install a new lift, but there's a technical problem: the lift doesn't stop at even floors. Possible solutions:

  1. Modify the hardware of the lift, enabling it to stop at the fourth floor.
  2. Hold meetings on the third or fifth floor.

The first solution is technical, the second isn't.

If patent offices make the mistake of granting patents for solutions to technical problems, they will effectively eliminate the requirement for patent applications to be technical.

And then, of course, there must be a clarification that software ideas are not considered technical (in terms of the patent law).

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