Inventions that fall into certain categories of excluded subject-matter, including programmes for computers, mathematical methods and mental acts, are not patentable in Europe. The EPO’s established ‘COMVIK’ approach assesses inventive step for claims that include a mixture of features that do and do not fall into categories of excluded subject-matter. If a claim feature relates to excluded subject-matter and does not contribute to a technical solution to a technical problem then it is ignored for the assessment of inventive step
Insights: computer simulations
We have just finished watching the oral proceedings before the EPO’s Enlarged Board of Appeal (EBA) on case G1/19 concerning the patentability of computer simulations. We were not alone – some 1,600 people signed up to watch today’s oral proceedings by live stream. Unfortunately (but not unexpectedly) no decision was announced during the proceedings. However, we did get to hear some of the EBA’s thoughts on the issues.