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Abstract
"Patentability" refers to conditions laid down by law to what can be patented and what cannot. In this study, changes in the patentability of simulation methods are compared with the rapid development of computational science since 1970s. Although technological progress has caused computational simulation and modelling methods to grow to an everyday tool of technology, these methods have traditionally been excluded from patentability as "non-technical subject matter" or "abstract ideas". We describe the changes in patentability criteria in Europe and in the USA, and illustrate the development of patenting activity in this field during the last decade. Practisers should be aware of these changes, and investigate the possibilities they might offer.
Highlights
Summary. ”Patentability” refers to conditions laid down by law to what can be patented and what cannot
We study the development of computational modelling and simulation and its impact on patenting in the field of mechanics
In the 2018 edition, section G.II.3.3 was redrafted to clarify the assessment of claims comprising mathematical methods in general, and a new section G.II.3.3.2 on simulation, design, and modelling was added to illustrate them as basic examples of mathematical methods in view of patentability
Summary
Summary. ”Patentability” refers to conditions laid down by law to what can be patented and what cannot. We describe the changes in patentability criteria in Europe and in the USA, and illustrate the development of patenting activity in this field during the last decade. We study the development of computational modelling and simulation and its impact on patenting in the field of mechanics Does this development show in patenting activity?. A patent is a set of exclusive rights granted for an invention for a limited time period in exchange for a detailed public disclosure of the invention The purpose of this reward is to enhance the development of technology, but without limiting scientific research. No exclusion right is associated with scientific results In this way, publishing is a central part of the scientific method. Should computer-implemented simulation of technical systems be regarded as abstract mathematical methods or technical inventions? Recent case law in Europe and in the USA give differing answers to this fundamental question
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