Examples of using Is excluded from patentability in English and their translations into German
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Political
Whether or not a claimed invention is excluded from patentability under Art.
In decision T 1242/06, the referring Board explains why the referred questions are in its viewdecisive for the decision on whether the subject-matter of the main request is excluded from patentability.
In considering whether the subject-matter of a claim is excluded from patentability under Article 52(2) and(3) EPC, i.e. whether it is non-technical or not, that claim has to be considered in its entirety.
The claim is amended by an undisclosed disclaimer to disclaim subject-matter which,under Articles 52 to 57 EPC, is excluded from patentability for non-technical reasons.
In the context of examining whether such a process is excluded from patentability as being"essentially biological" within the meaning of Article 53(b) EPC, it is not relevant whether a step of a technical nature is a new or known measure, whether it is trivial or a fundamental alteration of a known process, whether it does or could occur in nature or whether the essence of the invention lies in it.
An additional reason for a disclaimer could be that the subject-matter is excluded from patentability for non-technical reasons.
However, regardless of whether such claims are searched or not, the applicant's attention should be drawn in the search opinion(if applicable, seeB‑XI, 7)to the fact that such subject-matter is excluded from patentability seeB‑XI, 3.
It is established in the jurisprudence of theboards of appeal that a claim encompassing an embodiment which is excluded from patentability under now Article 53(c) EPC, then Article 52(4) EPC 1973, cannot be left unamended.
The Board previously put forward, of its own motion, the objection that the TV signal as claimedcould be considered as a presentation of information, which, as such, is excluded from patentability according to Article 52(2)(d) and(3) EPC.
While there are further grounds of opposition in the present appeal procedure which the board has not yet fully examined,the issue as to whether the claimed subject-matter is excluded from patentability conceptually precedes the assessment of other substantive requirements such as novelty or inventive step and is therefore normally determined first.
Any such additional technical steps which are performed either before or after the process of crossing and selection shouldtherefore be ignored when determining whether or not the process is excluded from patentability under Article 53(b) EPC.
The presence of non-technical features in claim1 does not mean, however,that its subject-matter is excluded from patentability under Article52(2) and(3) EPC as a"non-invention.
In terms of facts: A reading of Article 53(b) EPC tothe effect that a product obtained by an essentially biological process is excluded from patentability would require that the method applied would be traceable in the product.
In a communication, the rapporteur objected against Claims 1-6 of set A and Claims 1-5 of set C in that a signal, be it a colour television signal,cannot constitute a patentable invention and that such a signal is excluded from patentability by the non-exhaustive list of exclusions summed up in Article 52(2) EPC with the proviso of Article 52(3) EPC.
Computer programs"as such" are excluded from patentability.
The current lack of clarity, particularly as to what must be excluded from patentability, is holding up the process of granting patents.
Computer programs as such were excluded from patentability because they were covered by copyright.
In any case,there is general agreement that treatments may only be excluded from patentability if they are carried out on a living human or animal body.
Therefore, plant varieties containing genes introduced into anancestral plant by recombinant gene technology are excluded from patentability.
It was also remarked that it would be absurd if administering a diagnostic agent by an injection was excluded from patentability but administering by inhalation was not.
It is seminal to firmly make the statement that data processing and transmission are excluded from patentability.
Subject-matter or activities may be excluded from patentability under Article 52(2) and(3) EPC even where they have practical utility.
Subject-matter or activities that are excluded from patentability under Article 52(2) and(3) EPC remain so even where they imply the possibility of making use of unspecified technical means.
However, the TGI in the case of Alkermes v Ethypharm appeared torely on G 1/03 in respect of subject-matter which was excluded from patentability under Article 53(c) EPC.
Whereas the principle whereby inventions must be excluded from patentability where their commercial exploitation offends against ordre public or morality must also be stressed in this Directive;
If an invention consists only in genetically modifying a particular plant variety, and if a new plant variety is bred, it will still be excluded from patentability even if the genetic modification is the result not of an essentially biological process but of a biotechnological process;
In support of its position, inter alia the appellant described the approach taken by the referring Board as an"infringement test",holding a claim as a whole not patentable if it covered an embodiment which was excluded from patentability by Article 53(b) EPC.
Whereas processes for modifying the genetic identity of animals which are likely to cause them suffering without any substantial medical benefit in terms of research, prevention, diagnosis or therapy to man or animal, andalso animals resulting from such processes, must be excluded from patentability;