Art. 52(2)(a) EPC excludes "scientific theories" from the patentable inventions. For example, the physical theory of semiconductivity is not patentable. However, a new semiconductor device based on that theory may be patentable (EPO Guidelines, G-II, 3.2).
In T 1798/13 the Board regarded methods of forecasting the weather to be a mere "scientific theory" rather than a technical invention.
The appeal in this case is against the decision of the examination division to refuse EP 05796344.9.
Claim 1 of the Main Request reads:
"1. A method for forecasting a value of a weather-based structured financial product for steering of an optimal weather derivative portfolio based on specified weather measures comprising temperature and/or precipitation and/or hours of sunshine and/or heating degree days and/or cooling degree days and/or wind speed retrieved from a weather data measuring and monitoring system comprising: [...]"
According to the Examining Division
