Patentability of computer implemented simulations
The Enlarged Board of Appeal of the European Patent Office issued, on March 10, 2021, a decision in case G1/19, which relates to the patentability of computer-implemented simulations.
In this decision, the Enlarged Board of Appeal decided that the established case law on computer-implemented inventions (COMVIK approach) applies to computer-implemented simulations.
Therefore, claims relating to such simulations as such must be assessed according to the same criteria as any other computer-implemented invention, including with regard to the question whether a claimed feature contributes to the invention's technical character. Any technical effect going beyond the normal electrical interactions within the computer on which the simulation is implemented (i.e. any "further technical effect") may thus be considered for inventive step.
As a key takeaway, the Enlarged Board of Appeal of the European Patent Office has confirmed that computer-implemented simulations can be patented at the European Patent Office provided they fulfill the requirement of novelty and inventive step as any other inventions.
Further information on this recent decision can be found at: https://www.epo.org/law-practice/case-law-appeals/communications/2021/20210310.html
This IP Alert is for information purposes only and does not constitute legal advice.