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ARTICLE · 24 JANUARY 2020

Review Of EPO Software Decisions In 2019

J A Kemp
J A Kemp
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J A Kemp

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2019 has been another busy year for the EPO Boards of Appeal covering computer-implemented inventions, although the most significant case has not reached a conclusion.

United KingdomIntellectual Property
John Leeming
John Leeming
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2019 has been another busy year for the EPO Boards of Appeal covering computer-implemented inventions, although the most significant case has not reached a conclusion.  In T 0489/14 (Pedestrian simulation/CONNOR) of 22.2.2019 questions relating to the patentability of simulations and modelling were referred to the Enlarged Board of Appeal, which has not yet set a timetable for a hearing and decision.  Although the questions asked are primarily related to the narrow field of simulation of physical systems, it is possible that the answers given could have a broader impact by affecting what is considered technical.

As has been the case for many years now, the definition of "technical" remains the most significant unanswered question in this field.  However, progress has been made, with several decisions developing the approach to separating technical and non-technical features by reference to the "notional business person" first expounded in Cardinal Commerce (T 1463/11)

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