October 30, 2019
CIPA says that industry has benefitted from a decade of consistency in Europe regarding the patentability of inventions involving computer-implemented simulation. This has been achieved by applying the reasoning of EPO Board of Appeal decision T1227/05, which looked at the technical purpose of a claimed computer simulation to decide whether it had technical character.
CIPA supports the approach set out in T1227/05, and the significant body of case law which has followed this approach: claim features that serve a technical purpose have technical character and so contribute to the assessment of inventive step. CIPA says that it does not share the position of the Board in T0489/14, which is “not fully convinced by the … reasoning” of T1227/05 (to see the questions the Board referred to the Enlarged Board, see item above). On the contrary, based on legal considerations and practical experience, CIPA submits that the Enlarged Board should uphold the approach of T1227/05. For a link to the full Amicus Curiae brief, click here.