Patenting AI At The EPO And USPTO

Patent law systems around the world continuously adapt to changes in the technological landscape, refining and updating tests, guidelines, and procedures to accommodate new technology. AI, however, is proving to be a particularly stubborn challenge for patent systems. The technical complexity of AI systems, their broad applicability to almost every industry sector, and their inherent overlap with abstract and mathematical concepts mean that assessing whether a given AI invention is patentable is rarely straightforward. As a consequence, the process of trying to obtain patent protection for these inventions can be particularly daunting for applicants.

This article is a practical guide to the approaches of two of the world's largest patent offices – the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) – in assessing the patentability of AI inventions.