Implementation of mathematical method or algorithm

A wide spread misconception is that mathematical methods and algorithms are not patentable. Indeed, art. 52(2) EPC mentions mathematical methods, however, art. 52(3) applies, which states that art. 52(2) EPC only applies to mathematical methods (among other things) as such. Similar to discoveries, which are not patentable (art. 52(2) EPC) themselves, but the practical applications of a discovery being certainly patentable, an actual implementation of a mathematical method is patentable. This was decided in T 208/84 Computer-related invention/VICOM.

According to T 208/84 a claim based on a mathematical method is not considered a mathematical method as such, if the claim employing the mathematical method is directed at a technical process, and therefore might very well be patentable.