EPO ENLARGED BOARD OF APPEAL FINDS REFERRAL ON PATENTABILITY OF SOFTWARE INADMISSIBLE

The EPO’s Enlarged Board has ruled that there is no conflict in the Office’s case law over the patenting of computer-implemented inventions, in a decision welcomed by patent attorneys. The European Patent Office (EPO) Enlarged Board of Appeal was asked to consider the patentability of computer implemented inventions. The Enlarged Board of Appeal determined that there was no inconsistency in previous board of appeal decisions which would allow the referral. Applicants are therefore unlikely to see any change in procedure at the EPO. The referral decision is available at http://documents.epo.org/projects/babylon/eponet.nsf/0/DC6171F182D8B65AC125772100426656/$File/G3_08_Opinion_12_05_2010_en.pdf