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Very few of these applications are granted. A recent interview with an official of the European Patent Office (EPO) revealed that the EPO will closely scrutinize any patent application pertaining to blockchain technology. According to the EPO, most blockchain-based patent applications are categorized as business models or pure computer software—i.e., non-patent eligible subject matter. But—the official also stated that some applications could qualify as computer-implemented inventions which would then be patent eligible. Therefore, it is critical to understand how blockchain technology can be captured in a patent application that has a potential to be granted. How must blockchain technology be claimed to qualify as a computer-implemented invention? There are four basic requirements for patentability according to Art. 52(1) EPC: There must be an “invention,” belonging to any field of technology; The invention must be “susceptible of industrial application;” The invention must involve an “inventive step.” Further, according to Art. 83 EPC the invention must be of “technical character” to the extent that it must relate to a technical field, must be concerned with a technical problem, and must have technical features in terms of which the matter for which protection is sought can be defined in the claim. According to the EPO, a computer-implemented invention is one which involves the use of a computer, computer network or other programmable apparatus, where one or more features are realized wholly or partly by means of a computer program. In claims comprising technical and nontechnical features which very often will be the case for computer implemented inventions, each feature has to be evaluated to see if it contributes to the technical character of the claimed subject-matter, since this is relevant for assessing inventive step. Inventions involving programs for computers can be protected in different forms of a “computer-implemented invention,” an expression intended to cover claims which involve computers, computer networks or other programmable apparatus whereby prima facie one or more of the at least one feature of the claimed invention are is realized by means of a program or programs. Such features of the computer program itself as well as the presence of a device defined in the claim may potentially lend technical character to the claimed subject-matter. In particular in embedded systems, a data processing operation implemented by means of a computer program can equally be implemented by means of special circuits.
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