IP Cases & Articles

EPO Enlarged Board of Appeal issues decision G1/19 (simulations)

Hot off the press: The EPO has issued a decision on G1/19, which relates to the question of inventive step and simulations/simulators.

As a brief summary, the Enlarged Board of Appeal has ruled that a simulation of a technical system can solve a technical problem by producing a technical effect going beyond the simulation's implementation on a computer.

Such a decision may open the door to patentability arguments that relate to the potential of a simulator to have an effect in the real world. We note, however, that the EPO has stopped short of saying that a simulator is patentable by virtue of being based on technical principles underlying the simulated system.

Our commentary on this decision including a review of the answers, guidance and implications is now available.

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Full decision of the EPO Enlarged Board of Appeal

Link to full decision (PDF)
Patent newsletter Latest edition
Patent newsletter Latest edition
Patent Book EPO Board of Appeal Decisions
Patent Book EPO Board of Appeal Decisions