Distinguishing between a technical feature and a representation of information

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Distinguishing between a technical feature and a representation of information

Sponsored by

maiwald-logo-cropped.PNG
Digital transformation conceptual for next generation technology era


In the present case, the German Federal Court of Justice again had to deal with the question of how a representation of information within the meaning of Article 52(2)(d) EPC is to be distinguished from a technical feature.

The patent in dispute concerned a user interface for an electronic device with a screen on which a decentralised rotating menu could be displayed.

The rotating menu and its decentralised arrangement were of crucial importance for user-friendliness. Such an arrangement allows an individual to turn at least one menu item away from the display at any time. This makes it possible to add any number of menu items without having to change the format of the displayed items. This can be achieved, in particular, by keeping the number of menu items shown on the display constant, regardless of the total number of menu items available.

It was questionable whether the claimed type of display for a selection menu on a screen could be regarded as a technical feature.

This is because a representation of information as such is not eligible for patent protection (cf. Article 52(2)(d) EPC). Thus, features which are not technical must be disregarded as not being technical if they concern precisely the presentation of certain contents and therefore aim to have an effect on the human imagination. Furthermore, features according to which certain contents are emphasised by deviations in colour, brightness or the like are also not to be taken into consideration in the examination of inventive step.

Instructions which concern the (visual) representation of information, but which do not focus on the presentation of certain contents or their presentation in a particular way serve to solve a technical problem with technical means and must be taken into account when assessing inventive step. They must focus on the presentation of the image contents in a way which takes into account the qualities of human perception and reception of information and must be aimed at making the perception of the information by humans in a certain way possible, improving it or making it useful (BGH, GRUR 2015, 660 marginal no. 35 - image stream). Furthermore, a feature relating to the reproduction of information must be taken into account if and to the extent that it constitutes a means of achieving a specific technical effect (BGH, GRUR 2015, 1184 marginal 18 - unblocking picture).

In light of these principles, the senate concluded that the presentation of the menu as rotating was limited to a mere representation of information.

Stefan Bianchin





more from across site and SHARED ros bottom lb

More from across our site

Apple’s lawsuit against OpenAI, which features Tier 1-ranked disputes firms on both sides, reflects how trade secrets litigation is becoming a prominent competition feature
Drew & Napier’s leadership appointments show one way full-service firms can back up claims about the strategic importance of IP
Strike-out application will hear claims that the copyright aspect of an IP infringement claim brought by a gambling and sports betting group should be dropped
Amongst a sea of mergers, Lathrop GPM and HG Law have set out plans to combine, positioning themselves to compete with both IP boutiques and full-service firms
Patrícia Paias explains why she loves the science and business behind an idea and why potential rights owners must avoid the ‘file and forget’ philosophy
Lawyers eagerly await news of what IP specialist Sir Colin Birss will bring to one of the England and Wales judiciary’s most important roles
María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
Gift this article