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EPO – Amicus curiae brief concerning G 1/19 – Patentability of computer-implemented simulation methods

09 Sep 2019

Amicus curiae brief concerning G 1/19 – ­Patentability of computer-implemented simulation methods – ­Underlying decision: T 489/14 (Pedestrian simulation/CONNOR), by Hans Wegner and Tobias Kaufmann, Bardehle Pagenberg

Dear Chairman and Members of the Enlarged Board of Appeal,

The Boards of Appeal of the European Patent Office (EPO) have developed a well-balanced and consistent framework for the assessment of patentability for computer-implemented inventions (CIIs), as is evidenced by the analysis of the Enlarged Board of Appeal in its decision G 3/08. Computer-implemented simulations, or more precisely computer-implemented simulation methods, form a subset of computer-implemented methods, and are thus to be treated in line with the principles developed for CIIs.

The application of these principles led to the decision T 1227/05 (Schaltkreissimulation I/Infineon Technologies) of December 13, 2006, where the deciding Board came to the conclusion that a numerical simulation of a noise-affected circuit described by a model solves a technical problem and is thus eligible for patent protection. The referral decision’s criticism on this approach is unjustified, and does not have any legal basis in the European Patent Convention, which – following the systematics of Article 52 (2) and (3) EPC – calls for a narrow approach to any exclusion from patentable subject-matter.

The entire brief can be read here on the website of Bardehle Pagenberg