Patentability of computer-implemented simulation methods

Computer-implemented simulation methods are considered as computer-implemented processes according to the examination practice of the European Patent Office. Their claims may comprise a mixture of technical and non-technical features. 

Basic criteria for the patentability of computer-implemented inventions: direct link with physical reality 

According to Decision G 1/19 and the examination criteria developed in the COMVIK approach (T 641/00), inventive step for computer-implemented inventions can only be established with features of a patent claim that have a technical character. Features having a technical character are those claim features which contribute to the technical solution of a technical problem by producing a technical effect going beyond the normal electrical interactions produced by running a software program on a computer. Claim features that do not contribute to a technical effect, on the other hand, lack a technical character. Consequently, such features cannot be taken into account for assessing inventive step (G 1/19, headnote 1, points 49, 50, 51, 61 and 124, Guidelines G-VII, 5.4). 

According to the reasoning of the COMVIK approach, such effects would typically be technical effects on a physical entity in the real world or technical effects requiring a direct link with  physical reality (G 1/19, point 51; G3/08). 

Technical Character and Technical Effect: data output a necessary pre-condition, but not sufficient 

A technical effect may result from the details of the implementation of a computer-implemented simulation method. If this is the case for the simulation method to be claimed, such implementation details should be included as limiting features in the pertinent claims (G1/19, point 116). As a general rule, process steps which represent the simulation method and require an adaptation of the computer or its mode of operation can be accorded a technical character. 

Apart from the technical effects relating to the internal functioning or adaptation of the computer, a numerical data output from a computer is a necessary pre-condition for any  technical effect caused (G1/19: point 96). Moreover, it should  be apparent from the patent application that the data output is used for further technical purposes. 

It should be noted, however, that the mere calculation of the behavior of a real system, even if it is a technical system, and the numerical output of such a calculation, as well as the interpretation of the output data by a user, are not considered as  technical uses or uses providing a technical effect (G1/19, points 120, 128). Even if the simulation enables the construction of prototypes to be dispensed with, such an argument cannot be used to establish a technical effect of the claim features (G1/19, points 123, 124). 

A computer-implemented simulation is usually based on an algorithm defined by mathematical features/steps. Mathematical features can play a role in the manufacture of a product. Such features evoke a technical effect if a device, after its production, has certain technical properties or if the mathematical claim features influence the manufacturing process. However, the mathematical calculation and process steps must not only be used to determine the particular properties of the device but must also be used to change the properties of the device, for example to improve it, or to otherwise influence it through the calculations and their results. 

Conclusion 

When formulating patent claims for computer-implemented simulations, applicants should pay particular attention to specifying an output and a technical effect  which go beyond the mere simulation of the behavior of a system under investigation.