24/03/2021
Amicus curiae brief prepared by Nordic Patent Service on behalf of MAGMA Gießereitechnologie GmbH mentioned in G1/19 as key input – Decision of the Enlarged Board of Appeal
The EPO Enlarged Board of Appeal recently has issued its decision on the referral G1/19 concerning computer-implemented simulations and their patentability. In the proceedings, the Enlarged Board invited third parties to file written statements, and 23 so-called ‘amicus curiae’ briefs were received, including our submission which was one of the few that was selected and referred to as a key input in the discussion of the referred questions.
The decision confirms that the current Comvik approach towards software-related patents also applies to software-implemented simulations. The decision has further confirmed that the key question in patentability is whether the invention makes a technical contribution, regardless of the nature of the system or the process being simulated.
Should you be interested in hearing more of this decision and its potential impact on your business or have questions related to the patentability of computer-implemented simulations or related fields, do not hesitate to reach out to us!
The Enlarged Board of Appeal of the European Patent Office issued decision G 1/19 (Simulations) today in which it held that the established case law on computer-implemented inventions (COMVIK approach) applies to computer-implemented simulations.