SONN Patentanwälte – IP Attorneys

EPO case law: Weather simulations as such are not technical

The "weather" is not a technical system that the skilled person can improve, or even simulate with the purpose of trying to improve it. It is a physical system that can be modelled in the sense of showing how it works. This kind of modelling is rather a discovery or a scientific theory, which are excluded from patentability under Article 52(2)(a) EPC and thus do not contribute to the technical character of the invention (EPO BoA 25 May 2020, T 1798/13).