Dear Chairman and Members of the Enlarged Board of Appeal,
The Boards of Appeal of the European Patent Office (EPO) have
developed a well-balanced and consistent framework for the
assessment of patentability for computer-implemented inventions
(CIIs), as is evidenced by the analysis of the Enlarged Board of
Appeal in its decision G 3/08. Computer-implemented simulations, or
more precisely computer-implemented simulation methods, form a
subset of computer-implemented methods, and are thus to be treated
in line with the principles developed for CIIs. The application of
these principles led to the decision T 1227/05
(Schaltkreissimulation I/Infineon Technologies) of December 13,
2006, where the deciding Board came to the conclusion that a
numerical simulation of a noise-affected circuit described by a
model solves a technical problem and is thus eligible for patent
protection. The referral decision's criticism on this approach
is unjustified, and does not have any legal
