UK:
EPO Enlarged Board Of Appeal Answers Question Regarding Patent Eligibility Of Technical Simulations
12 March 2021
J A Kemp LLP
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The EPO's Enlarged Board of Appeal has issued a decision
today concerning the patent eligibility of technical simulations.
Our news item discussing the initial referral can be found here. The Enlarged Board of Appeal's
decision can be found here.
The three questions posed in the referral have been answered by
the Enlarged Board of Appeal as follows:
- A computer-implemented simulation of a technical system or
process that is claimed as such can, for the purpose of assessing
inventive step, solve a technical problem by producing a technical
effect going beyond the simulation's implementation on a
computer.
- For that assessment it is not a sufficient condition that the
simulation is based, in whole or part, on technical principles
underlying the simulated system or process.
- The answers to the first and second questions are no different
if the computer-implemented simulation is claimed as part of a
design process, in particular for verifying a design.
Our further commentary on the practical ramifications of this
decision will follow soon.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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