Patentability of Computer Implemented Systems
In March 2021 the Decision G1/19 of the Enlarged Board of Appeal essentially re-confirmed the previous approach to patentability of computer implemented inventions. The issue in this case was computer-implemented simulations, and the Decision re-affirmed that the established case law continued to apply here. Only features that contribute to technical character can be considered as contributing to inventive step. A step can be considered technical is if it involves a physical entity in the real world. It may be possible to demonstrate technical character based on the internal working of the computer in terms of its electronic performance.