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ARTICLE · 23 APRIL 2020

IP Protection Of Artificial Intelligence In Europe: Tailor-Made Solutions Required

Jones Day
Jones Day
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IP institutions around the world are addressing a variety of issues associated with AI (e.g., for a U.S. perspective, see "Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?"...

European UnionIntellectual Property
Andreas Holzwarth-Rochford
Andreas Holzwarth-Rochford
Stefan Schneider
Stefan Schneider
Jakob Guhn
Jakob Guhn
Emily J. Tait
Emily J. Tait
Andrea Weiss Jeffries
Andrea Weiss Jeffries
Author LinkedIn connections

IN SHORT

The Situation: The use of artificial intelligence ("AI") enables important transformative developments across different industries and research areas.

The Result: As significant resources are invested, Intellectual Property ("IP") protection is sought for technological aspects of an AI solution and the resulting work product. Several European IP rights are available to choose from.

Looking Ahead: The landscape for patenting AI innovations is still developing. The European Patent Office ("EPO") has addressed some aspects of AI patenting in its updated examination guidelines, though case law from the EPO Boards of Appeals ("BoA") and national patent offices on fundamental questions may be years away. The same applies to the new EU trade secret directive and its various implementations into national law. In most cases, to maximize IP protection, a combination of IP rights suitable for different aspects of an AI innovation should be considered.

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