02/10/2018
The latest edition of Guidelines for Examination in Europe have been published by the European Patent Office and can be found here. These enter force on 1 November 2018.
Although not legally binding, the Guidelines provide practice guidance for proceedings before the European Patent Office.
A large number of changes have been made to the Guidelines in view of decisions made by the Boards of Appeal, and in view of comments and proposals received from applicants, European Patent Attorneys, and other users.
However, for applicants who are interested in Computer Implemented Inventions (CII), some of the more significant changes concern the changes made to sections G-II, 3.5 to G-II, 3.7. Specifically, the changes provide an expanded discussion of the patentability of mathematical methods, and new sections on Artificial Intelligence and Machine Learning, as well as Simulation Design and Modelling.
Additional examples of what the EPO considers is technical and non-technical have also been provided.
We shall provide further information on the latest Guidelines for Examination shortly.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
