3.3.2 Simulation, design or modelling 

Claims directed to methods of simulation, design or modelling typically comprise features which fall under the category of mathematical methods or of methods for performing mental acts. Hence, the claimed subject-matter as a whole may fall under the exclusions from patentability mentioned under Art. 52(2)(a)Art. 52(2)(c) and Art. 52(3) (see G‑II, 3.3 and 3.5.1).

The methods considered in this section, however, are at least partially computer-implemented so that the claimed subject-matter as a whole is not excluded from patentability.

Computer-implemented methods of simulating, designing or modelling should be examined according to the same criteria as any other computer-implemented inventions (G‑VII, 5.4, G 1/19).

For establishing the presence of a technical effect, it is not decisive whether the simulated system or process is technical or whether the simulation reflects technical principles underlying the simulated system and how accurately it does so.

Simulations interacting with the external physical reality

Computer-implemented simulations that comprise features representing an interaction with an external physical reality at the level of their input or output may provide a technical effect related to this interaction. A computer-implemented simulation that uses measurements as input may form part of an indirect measurement method that calculates or predicts the physical state of an existing real object and thus make a technical contribution regardless of what use is made of the results.

Purely numerical simulations

A computer-implemented simulation without an input or output having a direct link with physical reality may still solve a technical problem. In such a "purely numerical" simulation, the underlying models and algorithms may contribute to the technical character of the invention by their adaptation to a specific technical implementation or by an intended technical use of the data resulting from the simulation.

Models and algorithms that do not make a contribution to the technical character of the invention form constraints that may be included in the formulation of the objective technical problem when following the COMVIK approach outlined in G‑VII, 5.4.

Specific technical implementation of a numerical simulation

The technical contribution that may be made by a model or algorithm because of their adaptation to the internal functioning of the computer system or network on which they are implemented is assessed in the same manner as adaptations of mathematical methods to specific technical implementations, see G‑II, 3.3.

Intended technical use of the calculated numerical output data of a numerical simulation

Calculated numerical data reflecting the physical state or behaviour of a system or process existing only as a model in a computer usually cannot contribute to the technical character of the invention, even if it reflects the behaviour of the real system or process adequately.

Calculated numerical data may have a "potential technical effect", which is the technical effect that will be produced when the data is used according to an intended technical use. Such a potential technical effect may only be considered in the assessment of inventive step if the intended technical use is either explicitly or implicitly specified in the claim.

If the data resulting from a numerical simulation is specifically adapted for an intended technical use, e.g. it is control data for a technical device, a potential technical effect of the data can be considered "implied" by the claim. The specific adaptation implies that the claim does not encompass other non-technical uses because the intended technical use is then inherent to the claimed subject-matter over substantially the whole scope of the claim (see also G‑II, 3.6.3). On the other hand, if the claim also encompasses non-technical uses of the simulation results (such as gaining scientific knowledge about a technical or natural system), the potential technical effect is not achieved over substantially the whole scope of the claim and therefore cannot be relied on in the assessment of inventive step.

Accuracy

Whether a simulation contributes to the technical character of the claimed subject-matter does not depend on the quality of the underlying model or the degree to which the simulation represents reality.

However, the accuracy of a simulation is a factor that may have an influence on an already established technical effect going beyond the mere implementation of the simulation on a computer. It may be that an alleged improvement is not achieved if the simulation is not accurate enough for its intended technical use. This may be taken into account in the formulation of the objective technical problem (Art. 56) or in the assessment of sufficiency of disclosure (Art. 83), see F‑III, 12. Conversely, a technical effect may still be achieved by a method where certain simulation parameters are inaccurate but sufficient for its intended technical use.

Design processes

The aforementioned principles apply equally if a computer-implemented simulation is claimed as part of a design process.

If a computer-implemented method results merely in an abstract model of a product, system or process, e.g. a set of equations, this per se is not considered to be a technical effect, even if the modelled product, system or process is technical (T 49/99, T 42/09). For example, a logical data model for a family of product configurations has no inherent technical character, and a method merely specifying how to proceed to arrive at such a logical data model would not make a technical contribution beyond its computer-implementation. Likewise, a method merely specifying how to describe a multi-processor system in a graphical modelling environment does not make a technical contribution beyond its computer-implementation. Reference is made to G‑II, 3.6.2 related to information modelling as an intellectual activity.