Patentability and artificial intelligence

Significant news on the patentability of artificial intelligence related inventions

The European Patent Office (EPO) has recently published the guidelines for examining artificial intelligence (AI) related inventions.

In principle, AI does not meet patentability requirements. However, there is a need to clarify some aspects that may make inventions using this technology patentable.

As previoulsy mentioned, AI itself is not patentable as it is a combination of computer-implemented algorithms and therefore there is no technical function. However, as with computer programs, AI would meet patentability requirements if it is proven that, by using said technology, the invention provides a new technical function.

By way of example, the EPO examined two patent documents using AI (T1358/09 and T1784/06) in which it was ruled that there is no technical function in the invention disclosed.

Interestingly, in the first case, the EPO determined that a computer program which classifies texts more reliably and objectively than a human being is not patentable since determination is an inherent function of algorihtms. The mere fact that an algorithm yields more accurate results does not imply that it makes a technical contribution.

 

Lucas Flores – Attorney at law

Ballester IP