On October 22, 2008, the President of the European Patent Office (EPO) has referred a number of questions to the Enlarged Board of Appeal of the EPO in relation to the patentability of programs for computers under the European Patent Convention (EPC), because of diverging decisions by the EPO's Boards of Appeal.
The outcome of this referral was awaited with a certain suspense, since the decision could have substantially changed the assessment of patent-eligibility of software in Europe in the future.
In the decision issued on 12 May 2010, the Enlarged Board of Appeal confirmed the approach followed by the EPO so far for assessing the patentability of computer-implemented inventions. The Enlarged Bard of Appeal did not find that the cited decisions by the EPO's Boards of Appeal actually diverged, but where part of an ongoing development of the relevant case law. The referral was therefore dismissed as inadmissible (see opinion
G3/08).