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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