2.3. Referral by a board of appeal

You are viewing the 9th edition (2019) of this publication; for the 10th edition (2022) see here

2.3.1 General

2.3.2 Discretion of the board

2.3.3 Relevance of the referred question for the underlying case

2.3.4 Question of law

2.3.5 Pending proceedings

2.3.6 Ensuring uniform application of the law

2.3.7 Point of law of fundamental importance

G 1/19: A computer-implemented simulation of a technical system or process that is claimed as such can, for the purpose of assessing inventive step, solve a technical problem by producing a technical effect going beyond the simulations implementation on a computer. For that assessment it is not a sufficient condition that the simulation is based, in whole or in part, on technical principles underlying the simulated system or process. The answers to the first and second questions are no different if the computer-implemented simulation is claimed as part of a design process, in particular for verifying a design.