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

Cookies Settings

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

The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
Gift this article