Can A Technical Use Of The Output Of A Computer Process Be A Factor In Determining Technical Character Of The Claim?

In decision T 625/11, an EPO Technical Board of Appeal considered two different approaches to determining inventive step which produced opposite outcomes. The difference between the approaches consisted in whether the technical effect of a simulation method arose only from the interaction of the method with the computer system or whether (non-technical) aspects relating to the implementation of the method could contribute to technical character and thus support the presence of an inventive step.

The application in question related to a method and system for determining a threshold value of a nuclear reactor operating parameter. The Examining Division had refused the application on the ground of lack of inventive step pursuant to Article 56 EPC.