Storing and retrieving data is now officially acknowledged as a technical task by the EPO.
Find out more in Ep. 3 of The Best Practice Podcast: bastianbest.org/podcast
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How to patent DBMS in Europe
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HOW TO PATENT
IN EUROPE
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The EPO Guidelines will
include a new section on
DBMS and information
retrieval starting from
1 March 2021.
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Here are some key
statements:
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“DBMS are technical
systems … to perform the
technical task of storing
and retrieving data …”
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“Optimising the execution of
… structured queries with
respect to the computer
resources needed …
contributes to the
technical character of the
invention …”
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“Data structures, such as an
index, hash table or a query
tree, used in DBMS to
facilitate access to data or for
the execution of structured
queries contribute to the
technical character of the
invention.”
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“… data structures defined
solely by the cognitive
information they store are
not considered to contribute
to the technical character …”
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“If the method of estimating
relevance or similarity
relies solely on non-technical
considerations, such as the
cognitive content of the
items to be retrieved, purely
linguistic rules or other
subjective criteria (e.g.
items found relevant by
friends in social networks), it
does not make a technical
contribution.”
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“In this context of retrieval
based on similarity of
meaning of terms, the
concept of "better search"
is subjective”.
(subjective = no technical
contribution)
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