For the first time in the history of the EPO, a Board of Appeal (3.5.07) has made a referral to the Enlarged Board of Appeal (T 0489/14; G1/19) concerning the patentability of computer-implemented inventions. Since T1227/05, simulations of technical systems have generally been considered potentially patentable - without having to specify an additional (physical) step of manufacturing based on the simulation. This approach is reflected in the current EPO Guidelines, G II 3.3.2, but is now called into question by the referral, which doubts whether such a simulation provides a technical effect. This webinar will review the referring decision and various issues for consideration by the Enlarged Board of Appeal.
Simon Davies is chair of the CIPA computer technology committee and has many years of experience working across the full spectrum of computing, from silicon design processes through to high-level user applications. He performed research in electrical engineering and high energy astrophysics prior to joining the IBM UK IP department as a patent attorney. He is currently a consultant for D Young & Co, having formerly been a partner there.