EPO: Enlarged Board considers patentability of simulations

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

EPO: Enlarged Board considers patentability of simulations

Sponsored by

inspicos-400px recrop.jpg
nick-hnwlli4zzri-unsplash.jpg

Peter Koefoed of Inspicos P/S explains the findings of a recent decision concerning the inventiveness of computer-implemented simulation methods

The Enlarged Board of Appeal (EBA) has issued its long-awaited decision in Case No. G1/19 concerning assessment of inventive step of computer-implemented simulation methods.

The patent application in suit relates to simulation of the movement of a pedestrian through an environment with a view to design a building where a crowd can move efficiently.

In examination, the EPO found the claimed invention to lack inventive step, arguing that a simulation does not contribute to the technical character of the invention. The refusal was appealed (T 0489/14) and the referring board asked the EBA to clarify whether a computer-implemented simulation can provide a technical effect going beyond the computer-implementation and, in the affirmative, what criteria to apply for determining this technical effect. A third question was whether it makes a difference if the simulation is claimed as part of a design process.

Referencing the COMVIK decision (T 641/00), the EBA confirmed that simulation methods may be patentable if an inventive step can be based on features contributing to the technical character of the claim over its entire scope (a claim is not inventive, if it specifies a method that may be used without a technical purpose).

The EBA did not specify the assessment criteria for technical character, but decided that the technicality of the simulated system/model does not necessarily have an impact on inventive step of a claim; the technical character can be derived from a subsequent use of the outcome of the simulation method. In that case the subsequent use must at least be an implicit feature in the claim.

The EBA also confirmed that these principles also apply if the claim relates to a design process.

In summary, applicants can rely on the existing principles (COMVIK) for assessment of inventive of computer-implemented invention also for computer-implemented simulation methods.

 

Peter KoefoedPartner, Inspicos P/SE: pko@inspicos.com  

more from across site and SHARED ros bottom lb

More from across our site

Six hires across the IP spectrum reflect Orrick’s efforts to better serve tech clients across the IP lifecycle
David Stone, partner at White & Case, argues that the government’s planned reforms will modernise and futureproof UK design law, but leave two of the thorniest problems unresolved
Max Scott will join the firm’s IP transactions group in California, becoming the latest Weil IP partner to secure their future
Yonatan Drori, attorney at Drori-Stav IP in Israel, explains why foreign counsel must treat Israel’s patent disclosure requirements as an ongoing obligation, rather than a one-off formality
From Japan to Southeast Asia, domestic and regional firms picked up some of the biggest prizes, while key foreign players maintained momentum
Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Gift this article