I would assume that such algorithms falls in the "schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers".
But h265 looks purely algorithmic to me. Perhaps the patent is about using dedicated hardware decoders, but I'm not sure how that would impact Netflix. Netflix is software on the consumer side.
So are patents of physical devices. Those algorithm just uses levers or whatever.
Don't forget that the first computers were teams of humans.
What is not patentable is taking a previously existing algorithm, prior-art, and claiming patentable novelty by performing that algorithm on a computer.
> The European Patent Convention (EPC), Article 52, paragraph 2, excludes from patentability, in particular
> 1. discoveries, scientific theories and mathematical methods;
From the European Patent Convention guidelines: https://www.epo.org/en/legal/guidelines-epc/2023/g_ii_3_3.ht...
> The exclusion applies if a claim is directed to a purely abstract mathematical method and the claim does not require any technical means. For instance, a method for performing a Fast Fourier Transform on abstract data which does not specify the use of any technical means is a mathematical method as such. [...]
> If a claim is directed either to a method involving the use of technical means (e.g. a computer) or to a device, its subject-matter has a technical character as a whole and is thus not excluded from patentability under Art. 52(2) and (3).
[...]
> When assessing the contribution made by a mathematical method to the technical character of an invention, it must be taken into account whether the method, in the context of the invention, produces a technical effect serving a technical purpose.
> Examples of technical contributions of a mathematical method are: [...]
> - encoding data for reliable and/or efficient transmission or storage (and corresponding decoding), e.g. error-correction coding of data for transmission over a noisy channel, compression of audio, image, video or sensor data;