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Law & practice

Official Journal April 2021

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Citation: OJ EPO 2021, A31
Online publication date: 30.4.2021

Notice from the European Patent Office dated 13 April 2021 concerning the resumption of proceedings following decision G 1/19 of the Enlarged Board of Appeal

1. On 10 April 2019, the President of the European Patent Office (EPO) decided to stay, ex officio, all proceedings before EPO examining and opposition divisions in which the decision depended entirely on the Enlarged Board of Appeal's decision on referral G 1/19 (see OJ EPO 2019, A35).

2. On 10 March 2021, the Enlarged Board of Appeal issued decision G 1/19. It endorsed the EPO's long-established practice for assessing the patentability of computer-implemented inventions. The Enlarged Board of Appeal confirmed that this practice – and particularly the COMVIK approach – also applies to computer-implemented simulations.

3. The President of the EPO has decided to lift the stay with effect from 11 March 2021. Affected proceedings will be gradually resumed. A communication regarding the resumption of proceedings will be issued in the cases concerned.