Key points
- G 1/19 held that "The answers to the first and second questions are no different if the computer-implemented simulation is claimed as part of a design process, in particular for verifying a design", and that inventive step of a computer-implemented design method requires a 'further technical effect'.
- Board 3.5.07 in charge of G06F/17, including G06F17/50 (computer-aided design) indicates that the applicant in this case has found a solution - not only of a technical problem but also of the legal obstacle to patenting CAD methods that G 1/19 poses.
- Claim 1 is directed to a computer-implemented method for designing a car. Formally, the claim is formulated as an apparatus claim with corresponding features. The method is directed to designing a car body. The claim recites: "an optimization analysis unit (23) that performs an optimization analysis on the welding candidates by applying at least one [input] to the optimization analysis model to select an additional welded point or an additional welded location that satisfies the optimization analysis conditions from the welding candidates and thereby determine a location of the additional welded point or the additional welded location to be added to the automotive body to improve the stiffness of the automotive body during driving"
- So, the positions of welded points are calculated, which are recited as "to be added to the automotive body"
- The Board: "The additional welded point(s) is/are "to be added" to the automotive body to improve its stiffness during driving. In the board's view, this formulation at least implicitly specifies a further technical use (see decision G 1/19, points 124 and 137)."
- The Board gave the decision a long headnote, starting with "In the board's view, the formulation in claim 1 of the main request that additional welded point(s) is/are "to be added" to the automotive body to improve its stiffness during driving at least implicitly specifies a further technical use".
- I guess that this claim-drafting construct could be applied quite broadly for methods for designing an industrial product.
EPO
The link to the decision is provided after the jump.
Credits to the patent attorney for overcoming the negative preliminary opinion, by the way.
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