Can simulations/modelling be patentable?

Simulations and modelling are core products across many industries, including energy, automotive, and AI. This drives a high volume of patent filings. However, their patentability is often unclear because Article 52 of the European Patent Convention excludes computer programs “as such” from being considered patentable inventions.

The Enlarged Board of Appeal clarified this issue in its March 2021 decision (G 1/19). Simulations can be technical if there is at least an applied technical use for their output. Crucially, the patent claims must not encompass any non-technical use of that output. EPO case law focuses heavily on ensuring a technical purpose and a technical effect across the entire scope of the claim.

To successfully draft claims for simulations, avoid purely abstract framing. Define the physical outcome directly within the claims and link the simulation to a real-world system. Verify that all claimed use cases are strictly technical. Consult your specialized attorney to navigate these requirements effectively.