When AI can be protected by patents?

robot-1797548_960_720Darren Hau (Marks & Clerk) published an interesting article for Lexology which discusses the topic for patent protection of Artificial Intelligence (AI).

As it is well known, computer programs and mathematical methods are excluded from patent protection because it requires a technical solution of a technical problem.

The main question here is, however, when one software, including AI, meets these requirements, that is to say when it has a concrete technical effect.

The updated EPO “Guidelines for Examination”  gives some tips in that regard.

When it comes to AI inventions, the guidelines provide the following as examples of technical applications:

  • control of a specific technical system/process;
  • encryption/decryption or signing electronic communications;
  • audio/image/video enhancement or analysis;
  • speech recognition, e.g. mapping a speech input to a text output;
  • etc.

The natural conclusion from an in-depth analysis of these examples is that AI is protectable by patents in a case that it claims are restricted to specific technical purposes or such technical implementations.

The full article can be found here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s