The decision establishes that the so-called COMVIK
approach should be used for all computer implemented
inventions.
In February 2019, a question of patentability for simulation
methods was referred to the Enlarged Board of Appeal as G1/19. This
was seen by the patent profession generally as an opportunity to
soften the often very strict practice applied by the EPO for
computer implemented inventions. To this end, the Enlarged Board of
Appeal received 23 so called amicus curiae
briefs regarding this case, many of them from
international organisations and corporations such as e.g. Philips,
Siemens, and IBM (see here under G1/19).
The decision has now been issued by the EPO, and
unfortunately it rather goes the other way. The decision
establishes that the so called COMVIK approach (described in detail
in the decision) should be used for all computer implemented
inventions.
