Legal Updates

Board of Appeal’s Preliminary Opinion in T0489/14 Following G1/19 Decision

Following the recently issued decision by the Enlarged Board of Appeal in G1/19, the referring Board in T0489/14 have now issued their preliminary opinion and a summons to oral proceedings. As we expected from what was set out in G/19, this preliminary is not positive for the applicant. Picking up...

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Computer Simulations are Patentable — but which ones?

  The European Patent Office has recently confirmed that computer simulations can be patentable. However, whether or not a simulation is likely to be patentable isn’t always straightforward. This article looks at some of the patentable and non-patentable examples recently provided by the EPO, which should provide some guidance as...

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Practical Claim Drafting Tips for Computer Implemented Inventions In View of G1/19

  The EPO’s Enlarged Board of appeal handed down decision G1/19 on 10 March 2021. This decision concerns the patentability of computer simulations under the European Patent Convention (EPC). While primary applicability of this decision is of course to simulation inventions, the Enlarged Board emphasised in the decision that simulations...

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Simulating the EPC Guidelines after G1/19

  As part of the fallout from the recent G1/19 decision, the Guidelines for Examination in the EPO will have to be updated to reflect the new law. Though there is a bit of a wait until the next update (the latest revisions just came into force on 1 March...

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Has the Patentability of Computer Simulations Changed in Europe Following the Recent Decision in G1/19?

  On 10 March 2021, the Enlarged Board of Appeal at the EPO issued the long-anticipated decision G 1/19 concerning the patentability of computer simulations. Before this decision, the standard for determining patentability in this area was dictated by case law established by the lower courts of appeal at the...

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