TY - JOUR

T1 - The Patentability of Computer-Implemented Simulations

AU - Minssen, Timo

AU - Aboy, Mateo

PY - 2021/6/21

Y1 - 2021/6/21

N2 - A recent Enlarged Board of Appeal of the European Patent Office (EPO) held that a computer-implemented simulation of a technical system or process which is claimed as such can, for the purpose of assessing inventive step, solve a technical problem by producing a technical effect going beyond the simulation’s implementation on a computer; and that the established case law on computer-implemented inventions (COMVIK approach) applies to computer-implemented simulations even if these do not have an output having a direct link with physical reality. This paper explains and analyses the legal context (1), facts (2), judicial outcome (3) and analyses the wider legal significance and practical implications (4) of this highly relevant judgment.

AB - A recent Enlarged Board of Appeal of the European Patent Office (EPO) held that a computer-implemented simulation of a technical system or process which is claimed as such can, for the purpose of assessing inventive step, solve a technical problem by producing a technical effect going beyond the simulation’s implementation on a computer; and that the established case law on computer-implemented inventions (COMVIK approach) applies to computer-implemented simulations even if these do not have an output having a direct link with physical reality. This paper explains and analyses the legal context (1), facts (2), judicial outcome (3) and analyses the wider legal significance and practical implications (4) of this highly relevant judgment.

U2 - 10.1093/jiplp/jpab098

DO - 10.1093/jiplp/jpab098

M3 - Journal article

VL - 16

SP - 633

EP - 635

JO - Journal of Intellectual Property Law & Practice

JF - Journal of Intellectual Property Law & Practice

SN - 1747-1532

IS - 7

ER -