The following information is based on the Enlarged Board of Appeal decision G1/19, points 114 to 117.
Computer-implemented simulations are computer-implemented processes
Computer-implemented simulations are computer-implemented processes, usually comprising a mix of technical and non-technical features. The Enlarged Board in G1/19 therefore starts from the assumption that the criteria developed in the COMVIK approach may be applied.
Simulations as such have usually few technical effects as far as input and output are concerned
It appears that most “simulations as such” may have few technical effects as far as input and output (which consist of data in “simulations as such”) are concerned. However, even if there are no real external physical effects, the software – including the underlying algorithms – may still contribute to the technical character of a computer-implemented invention in that it is adapted to the internal functioning of the computer or computer system/network (see amicus curiae brief (6), page 6; see also T 697/17). Simulations may even require computer power which is not available from a standard computer (for example, quantum computing could be necessary for turbulence or molecular simulations). Technical improvements to simulations as such could also be achieved by particular details of the implementing software.
Handling of implementation details in a patent application
However, any such implementation details concerning hardware or software would have to be disclosed in the patent application. In order to rely on any technical improvement based on implementation details for the purposes of Article 56 EPC, such implementation details should appear as limiting features in the pertinent patent claims, since the claim would otherwise encompass embodiments that did not lead to the alleged technical improvement (see T 939/92).
Assessment inventive step for computer-implemented simulations
The assessment of whether or not a feature contributes to the technical character of a computer-implemented invention is presumably no different for computer-implemented simulations than for other computer-implemented inventions.
There are, for example, computer-implemented methods for the prediction of the status of a (technical or non-technical) system which do not qualify as simulations but raise the same issues as to their technical character.