European Patent Office

The long-awaited decision, G 1/19, of the Enlarged Board of Appeal regarding computer-implemented simulations has just been published. The decision states that established case law in the field of computer-implemented inventions also applies to computer simulations. The decision contributes with a higher degree of predictability.

What do the perspectives look like after G 1/19?

The decision makes it clear that computer simulations can in themselves solve a technical problem and result in a technical effect, even if the patent claims lack an output with a direct connection to physical reality. In practical terms, this means that inventive step can be recognized for patent claims without e.g. having to recite physical parameters with direct link to a physical device or control step.