Opinion from the Enlarged Board of Appeal of the European Patent Office on the Patentability of Computer Programs (G 3/08)

In October 2008, the President of the EPO had referred a number of questions related to the patentability of computer-implemented inventions to the Enlarged Board of Appeal. Now, the Enlarged Board of Appeal has issued its Opinion in relation to this referral. The Enlarged Board concluded that there is no divergence in the case law which would make the referral admissible. Rather, the Enlarged Board found the existing case law to be based on a legitimate development. Accordingly, the current case law will continue to apply to patentability of computer-implemented inventions.