European software patents: It’s all about the technical contribution

Last week, the Enlarged Board of Appeal finally published its long-awaited decision G1/19 about the patentability of computer simulations. Does it revolutionize the patentability of computer simulations and patents for software in general, as some had hoped? Or is it rather a controlled evolution of the EPO’s framework for computer-implemented inventions?

Of course, an invention needs to be “novel” to be patentable. But does any difference over the prior art do the trick? Or does there have to be a technically relevant difference? In this podcast, Bastian Best sat down with Patrick Heckeler to discuss a recent EPO decision involving that question.

What types of inventions in database technology are patentable in Europe? The Guidelines for Examination in the European Patent Office will be updated on 1 March 2021 with a new section specifically on database management systems and information retrieval.In this episode, Bastian will walk you through the final draft of the new section to see how clear the guidance is.

In the second episode of the Best Practice podcast, Bastian walks you through ten EPO Board of Appeal decisions which relate to AI inventions. Topics include technical character, clarity, obviousness and sufficiency of disclosure.