Patentability of Cinematographic Techniques in Multi-User Games

The decision T1259/08 relates to a rejected patent application based on the problem of network delays in multi-user games.

The idea was to mask the delay by creating a distracting effect that diverts the user from the parts of the application affected by a network delay. The effect is created using a "cinematographic technique" to manipulate an image displayed to the user, sounds supplied to the user, or tactile feedback to the user. The cinematographic technique may be, for example: zooming in or zooming out; a dummy object blocking the view; an "interlude"; or switching to another scene.

In the embodiment, when either machine detects an unacceptable network delay, it switches to a close-up (zoomed in) representation of the avatars showing their facial expressions but not the blows that are affected by the delay.

The board of appeal applies a broad interpretation of "cinematographic technique" such that the latter includes so-called time warping  known from the prior art. Whether or not the time warping technique diverts the user is considered irrelevant because this feature relates to human perception.

The board further notes that the solution would not have been inventive either:

The appellant stated that the technical problem was how to deal with network delay. The technical solution was to divert the user with the effect. However, since as discussed above, this solution is a matter of human perception, it follows that it would be non-technical. Furthermore, it also follows that it would be unpredictable whether such a subjective feature would actually solve the technical problem. In this respect, the invention is somewhat analogous to showing a video clip to somebody waiting for a lift to arrive, which is also using a cinematographic technique to deal with a delay. Thus, there would be no technical solution to the problem.

 

BGH Webseitenanzeige X ZR 121/09 - Technicity

The German Federal Supreme Court (BGH) has now issued a new decision on an alleged computer implemented invention.

The patent was directed to a method including a "displayable representation" showing the sequence of web-pages visited by a registered user on an information site.

The fact that the claim did not explicitly mention that the method is implemented using servers, clients and other technical devices was not considered harmful by the BGH because it was considered self-evident ("offenkundig") for the skilled person that the execution of the claimed method required the use of computers in a network such that the method was of technical nature. This follows the line of argument started in the decision "dynamische Dokumentengenterierung", according to which "a method consisting of the direct interaction between elements of a data processing system – a server and a client for dynamically generating structured documents in the case under dispute – has technical character irrespective of whether it is defined by technical features or not."

The BGH stresses that the question whether or not the method is excluded from patentability as a computer program "as such" needs an independent analysis of the additional requirement that the claim comprises instructions serving the solution of a specific technical problem with technical means.

Finally, the method was considered a "computer program as such" despite of being technical. The reason is that the hurdle of headnote 2 of dynamische Dokumentengenterierung was not taken. The latter requires that the method/the computer program is either "determined by technical features outside the computer or that the program accounts for the technical restrictions of the computer".