Practically speaking: yes.
The patent-eligibility hurdle is extremely low at the European Patent Office. Anything that uses technical means passes the eligibility hurdle.
This means that:
- An apparatus claim directed to a physical entity is automatically patent-eligible.
- A “computer-implemented method” is automatically patent-eligible.
This low hurdle to patent-eligibility was originally introduced in the landmark decision T 0258/03 (Auction method/HITACHI).
Bastian is a European patent attorney at BARDEHLE PAGENBERG. He specializes in software patents in Europe both from a prosecution and litigation point of view.