EPO: Enlarged Board considers patentability of simulations

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

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

Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
China's latest IP litigation statistics and a high-profile hire by O'Melveny were also among the top talking points this week
David Aylen, who spent more than 20 years at Gowling WLG, has joined United Trademark and Patent Services as of counsel in the UAE
Europe is among the most lucrative legal markets for PE firms to bet on, but clients’ reactions will decide whether external investment drives success
Rulings of note covered pre-June 2023 infringements and jurisdiction over non-UPC states, while winners of Managing IP’s EMEA Awards acted in multiple cases
Jason Blair, a former special marks examiner, said Dykema’s Texas presence will help him build deeper connections with clients
Gift this article