The IP Federation has submitted observations at the European Patent Office as amicus curiae in respect of pending referral G1/19 (European application 03793825.5). This relates to the patentability of computer-implemented simulations.

Computer-implemented simulation is an increasingly important technical tool in modern science and engineering. The patentability of inventions in this field is readily assessable using the existing approaches to determining the patentability of computer-implemented inventions. Our observations in summary are:

• The referral to the Enlarged Board of Appeal is inadmissible because answers to the referred questions are not required to ensure uniform application of the law or to address a point of law of fundamental importance.
• The IP Federation supports the approach of T 1227/05 (Circuit simulation I/Infineon) for determining whether a step of a computer-implemented method contributes to the technical character of a claim. The doubts expressed by the referring Board in respect of T 1227/05 are unfounded.
• The characterisation of T 0208/84 (Computer-related invention/VICOM) in decision T 0453/91 (VLSI/IBM) is incorrect and should not be followed.
• If the questions are to be answered, they should be answered as set out in the paper.

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