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 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

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

Alif Gultom and Andrew Diamond of Januar Jahja and Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Partner Scott Sudderth says he is looking forward to building strong client relationships and expanding the firm’s patent practice
Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Gift this article