Patentability of mathematical modelling and simulation methods

Abstract

"Patentability" refers to conditions laid down by law to what can be patented and what cannot. In this study, changes in the patentability of simulation methods are compared with the rapid development of computational science since 1970s. Although technological progress has caused computational simulation and modelling methods to grow to an everyday tool of technology, these methods have traditionally been excluded from patentability as "non-technical subject matter" or "abstract ideas". We describe the changes in patentability criteria in Europe and in the USA, and illustrate the development of patenting activity in this field during the last decade. Practisers should be aware of these changes, and investigate the possibilities they might offer.