In its decision T 1851/22 of December 12, 2025, the Board of Appeal of the European Patent Office ruled that a “software patent” for automated shipping processing is not patentable. The decision illustrates the stringent application of the “Comvik approach” to the protection of algorithmic solutions.

The patent filed by Auctane concerned a method for the autonomous generation of shipping documentation. The system was designed to minimize user interaction by suppressing warning messages, standardizing configurations and independently resolving critical issues, for example by automatically replenishing postage funds.

The decision of the Board of Appeal: Even if the implementation of this business logic requires algorithmic steps designed by a programmer, this does not give the invention sufficient technical function. According to Art. 52 EPC, computer programs as such are excluded from patentability.

The Board emphasized that algorithms only acquire technical character if they involve technical considerations – such as hardware efficiency, controlled technical devices or processes – and solve a technical problem with a technical effect.

In the present application, this was denied. The identification of critical problems and their resolution were purely administrative, non-technical requirements. The only technical element, the execution of a software module on generic hardware, was obvious and already known before the priority date.

Practical significance: This decision confirms that the mere automation of business processes using standard computers does not constitute a patentable technical advancement. Applications in e-commerce, logistics or administrative automation should focus more on technical innovations, such as saving computing resources or interaction with technical systems, in order to be patentable.