Video overview:
To obtain a patent for a CII in Europe, two main hurdles must be cleared:
- Eligibility
- A claim must have technical character—even one technical feature is enough.
- Examples of technical features include:
- Processing physical data
- Affecting how a computer operates
- Controlling internal computer functions
- Low-level code processing (e.g., compilers)
2. Inventive Step
- Requires a non-obvious technical contribution over prior art.
- Only technical features are considered in the inventive step analysis.
- If differences from prior art are all non-technical → No inventive step.
- If there are technical differences → Use the problem-solution approach.
Technical vs. Non-Technical Features
- Technical: Physical data processing, computer operation, low-level software
- Non-Technical: Business logic, admin processes, cognitive data
Types of CII Claims
- Software-only: Method, device, or computer-readable medium
- Hardware-specific: May need to specify hardware or additional devices
- Distributed systems: May require claims for each system component and the overall system
Drafting Tips
- Emphasize technical effects in the description.
- Avoid business framing; present the invention in a technical context.
- If using known methods on a computer, describe technical challenges overcome.
If special hardware is needed, clearly specify it in the claims.
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.
