T 1722/11 - Clarity of software

Key points

• A claim for a computer program on a computer-readable medium for a method that involves, in a first step, a coordinated interaction between various resources in the communications network is not clear. " It is therefore unclear how this step can be executed solely by a (single) computer program, when run on a computer, and, hence, it is unclear to what extent this step defines the claimed computer program."

EPO T 1722/11 - [C] - link

Reasons for the Decision

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2. Claim 32 of the main request - clarity (Article 84 EPC)

2.1 Claim 32 of the main request (see point VII above) seeks protection for a mobile terminal capable of using content.

2.2 In the fifth paragraph, the claim includes the following feature:

"said message is transmitted to said mobile terminal (6) in accordance with a parameter for delivery for the at least one message to the mobile terminal (6), said parameter for delivery including a schedule of times for delivery of the at least one message relative to use of said content on the mobile terminal".

This feature relates to certain capabilities of a transmitter for transmitting the message to the mobile terminal, namely that it should be able to do so "in accordance with a parameter for delivery", this parameter being further specified in the claim. It is however not apparent to what extent this feature concerning the transmitter implies constructional features of the claimed mobile terminal.

Claim 32 therefore lacks clarity and, hence, does not meet the requirements of Article 84 EPC.

3. Claim 31 of the main request - clarity (Article 84 EPC)

3.1 Claim 31 of the main request (see point VII above) relates to a computer program resident on computer-readable media, in which the program is defined by reference to any one of method claims 16 to 30.

3.2 With reference to claim 16 (see point VII above), the board notes that the execution of the first step, i.e. "providing the content to users' devices via a communications network (4), said provision of content requiring usage of network resources", requires a coordinated interaction between various resources in the communications network, in particular between a content transmitter, a transmission channel, and a content receiver, in which each of these resources is at different, mutually remote locations. It is therefore unclear how this step can be executed solely by a (single) computer program, when run on a computer, and, hence, it is unclear to what extent this step defines the claimed computer program.

The same applies to the last feature of claim 16, i.e. "wherein the parameters for delivery of at least one message to the user's device (6) include a schedule of times for delivery of the at least one message relative to use of the content by the user's device (6)", since this feature merely further specifies the parameters for delivery, without making it clear to what extent this specification of parameters defines or limits the claimed computer program.

Claim 31 therefore lacks clarity (Article 84 EPC).

4. For the above reasons, the main request is not allowable.