EPO Enlarged Board: computer simulations can be patented

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: computer simulations can be patented

epo-600-comp.jpg

Case G1/19, before the Enlarged Board of Appeal, attracted a flurry of interest from patent owners and industry associations

The EPO’s Enlarged Board of Appeal has handed down an eagerly awaited decision that the established case law on computer-implemented inventions also applies to simulations.

In a decision published today, March 10, the EBoA found that just like any other computer-implemented invention, numerical simulations may be patentable.

According to the EBoA, patentability requires an inventive step based on features contributing to the technical character of the claimed simulation method.

In advance of today’s decision, in-house counsel told Managing IP that a decision to make simulation non-patentable could have had broader repercussions on patenting computer-implemented inventions.

It would have also damaged European industries that either create simulations or increasingly rely on software to test physical processes and methods before they are implemented, counsel added.

The case concerns a patent application (03793825.5) by an individual called James Douglas Connor.

The invention concerns simulation of pedestrian movement that can then be used to help design or modify venues such as a railway station or a stadium. The patent claims to provide a realistic simulation, in real-world situations, which cannot be modelled by conventional simulators.

In February 2019, the EPO rejected the application. After the refusal, the applicant appealed to the EPO’s Technical Board of Appeal, which referred questions to the EBoA.

More than 20 amicus curiae were filed with the EBoA from companies including IBM, Siemens and Philips, as well as from industry associations including AIPPI, the IP Federation and the European Patent Institute.

Managing IP will provide a full analysis of the decision in due course.

 

more from across site and SHARED ros bottom lb

More from across our site

The firm launched a San Diego office earlier this month, but California investment and expansion is far from complete
The industry’s response to AI requires an unfamiliar ingredient as firms battle to shape their futures
The firm is looking beyond replacing recently departed talent, betting instead on senior leaders to strengthen and expand its patent litigation platform
Olga Partington, director in Sterne Kessler’s biotechnology and chemical practice group, shares why a patent's vulnerability peaks when it is young, rather than when it is most valuable, under the PTAB's new framework
IP experts gathered in San Francisco last week to discuss the changing global SEP landscape and new licensing models for AI infrastructure
SKW Schwarz partner Daniel Kendziur explains how new green claims rules are changing his workload and bringing him into direct contact with marketing, PR and government affairs teams
The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, will help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Gift this article