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Case Law Review: Board of Appeal Decision T 1741/22

29.04.2025

Case Law Review: Board of Appeal Decision T 1741/22

Patent applications related to data processing often fall foul of the EPO’s exclusions on “mathematical methods”. Applicants in the MedTech space in particular may find it far easier to protect the hardware in their wearable devices and tools than to protect the software that processes and analyses that data. A recent board of appeal decision T 1741/22 seems to contradict the Guidelines for Examination and previous Board of Appeal decisions. This decision may shed some light on how the EPO may approach these data processing applications in future.

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