Notice from the European Patent Office dated 13 April 2021 concerning the resumption of proceedings following decision G 1/19 of the Enlarged Board of Appeal

This text is intended for publication in the Official Journal (OJ) of the EPO. It is made available in advance on the EPO website merely as a courtesy to the public. Only the text subsequently published in the officially certified PDF file of the OJ is authentic. It cannot be guaranteed that this advance version accurately replicates that text.

1. On 10 April 2019, the President of the European Patent Office (EPO) decided to stay, ex officio, all proceedings before EPO examining and opposition divisions in which the decision depended entirely on the outcome of the Enlarged Board of Appeal's decision on referral G 1/19 (see OJ EPO 2019, A35).

2. On 10 March 2021 the Enlarged Board of Appeal issued decision G 1/19. It endorsed the Office's long-established practice of how to assess the patentability of computer-implemented inventions. The Enlarged Board of Appeal confirmed that this practice - and particularly the COMVIK approach - also applies to computer-implemented simulations.

3. The President of the EPO has decided to lift the stay with effect from 11 March 2021. Affected proceedings will be gradually resumed. A communication regarding the resumption of proceedings will be issued in the cases concerned.

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