This chapter considers inter alia whether algorithms can be considered regarding the assessment of the inventive step. The basis of this chapter forms the Enlarged Board of Appeal decision G1/19, points 112 to 113.
Formulating an algorithm is a cognitive exercise
Algorithms are the basis of any computer-implemented invention. Formulating an algorithm, like establishing a model, is a cognitive exercise. The definition of an algorithm does not necessarily involve technical considerations (G 3/08, Reasons, point 13.5.1, referring to the travaux préparatoires).
Algorithms can contribute to the technical character
Algorithms contribute to the technical character of a computer-implemented method only if they serve a technical purpose (see T 1358/09, referring to T 1784/06).
Example: an algorithm may be particularly suitable to be run on a computer in that its design was motivated by technical considerations relating to the internal functioning of the computer (see T 1358/09, point 5.5).
Once they have been identified as contributing to the technical character of a simulation, algorithms may, like models and equations, be relevant in the last step of the assessment under Article 56 EPC.
Algorithm has to be reliably and quickly enough
An algorithm which is not suitable for solving the applicable equations reliably and quickly enough may lead to a simulation which does not solve the problem that is relevant for the problem-solution approach.