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In November last year, the EPO updated the Guidelines for
Examination in relation to presentations of information, which
includes Graphical User Interfaces (GUIs) (see sections G-II, 3.7
and 3.7.1). This provides a useful consolidation of their current
approach to such inventions.
As will be familiar to users of the EPO, when assessing
patentability of patent applications in this area, the claimed
subject-matter is considered as a whole to determine if it has
technical character and is thus not excluded from patentability.
Only once this test is passed is the application examined in
respect of the other requirements of patentability, in particular
novelty and inventive step. However, only those features which, in
the context of the invention, contribute to producing a technical
effect serving a technical purpose can be used to support inventive
step.
The new Guidelines confirm that a presentation of information
that credibly (i.e. objectively, reliably and causally) assists the
user in performing a technical task by means of a continued and/or
guided human-machine interaction process may be seen as having a
technical effect.
The type of information presented may also have a technical
effect if it relates to an internal state prevailing in a technical
system and enables the user (for example, by prompts) to properly
operate this system.
The manner of presentation may, in exceptional cases, give rise
to a technical effect if it facilitates a continued human-machine
interaction or enables the user to perform a technical task. A
technical effect may also arise if information is presented in a
proactive and timely manner to enable performance of a technical
task in a more efficient or precise manner. In another example, a
manner of presentation based in human physiology (for example,
presenting information in a location based on the current focus of
a user) may result in a technical effect. This may be contrasted
with effects based on psychology (for example, reducing the number
of notifications such that only urgent notifications are seen).
When preparing or prosecuting applications relating to
presentations of information, consider which of the effects of
displaying the information are objectively present (rather than
specific to a particular user's preference, experience, or the
like). Emphasise any effect which benefits a technical system
(rather than, for example, enhances a business method). Consider if
the method of presenting the information relies on, or is intended
to result in, a physiological response (rather than human
psychology).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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