The increasing relevance of ‘technical character’


Rosie McDowell

The increasing relevance of ‘technical character’

Kad Anti /

Two decisions from the European Patent Office offer important guidance for healthcare inventions that use computers, says Rosie McDowell of EIP.

As patent attorneys practising in the healthcare sector, we are encountering more and more inventions which straddle the life and computer science fields. AI and smart technologies are now a central feature in many medical technologies.

In claims incorporating the use of computer technology, a key consideration is that the invention must have “technical character”.

The case law in this area typically concerns technologies that are far removed from the inventions arising in the healthcare and pharmaceutical sectors.

European patent office, EPO, Boards of Appeal, T-1234/17, T 0752/19, second medical use, data, computer, software, pharma