patent law

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hora
Posts: 1
Joined: Fri Mar 26, 2021 11:13 am

patent law

Post by hora » Fri Mar 26, 2021 11:21 am

Hi,
I have a question regarding the specification of protection law. I want to get a patent for a new website concept. A key feature of the site will be a specific payment gate. I want to pass the technical parameters of this function to IT company. Can I obtain a patent law to this technology specification before I place an order to the IT company? Thank you for answer.


EPO / Patent Information
Posts: 611
Joined: Wed Nov 12, 2014 3:36 pm

Re: patent law

Post by EPO / Patent Information » Mon Apr 26, 2021 9:36 am

Thank you for your query which concerns obtaining a patent on an electronic payment method.

From what you described it appears that the subject-matter which you would like to patent relates to a business method. Pursuant to Article 52(2)(c) and (3) EPC, business methods are excluded from patentability if they are claimed as such.
However, if the subject-matter business method qualifies for a technical application, it is not excluded from patentability under Article 52(2(c) and (3) EPC. In order to qualify for technical application, the claimed subject-matter has to specify technical means for executing the relevant business method.
Therefore, a particular technical implementation of a business method such as an electronic payment method may construct a patentable subject matter. For more details you may refer to Guidelines for Examination in the EPO, G-II, 3.5.3.

Please note that each patent application is examined according to the specific circumstances of the case and on the basis of the claims, description and any drawings filed by the applicant.

Kind regards,
Directorate Patent Law

Please note: Directorate Patent Law only provides general legal information on the matters relating to the European patent grant proceedings, without prejudice to the decisions of the competent departments in each individual case.


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