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ARTICLE · 29 NOVEMBER 2018

Patentibility Criteria Under European Patent Office - Artificial Intelligence & Machine Learning

Science and Technology have been unfolding new eras of growth. With each new ground breaking invention, there arises the need to protect the intellect invested in the innovations.

IndiaIntellectual Property

Science and Technology have been unfolding new eras of growth. With each new ground breaking invention, there arises the need to protect the intellect invested in the innovations. However, granting protection can indeed be very challenging keeping in mind the high standards of pre-requisites for granting of Patents.

Recently, the European Patent Office (EPO) issued certain guidelines for patentability of Artificial Intelligence (AI) and Machine Learning (ML). The guidelines state that AI & ML are based on computational models and algorithms for classification, clustering, regression and dimensionality reduction, such as neural networks, genetic algorithms, support vector machines, k-means, kernel regression and discriminant analysis. The guidelines state that such computational models and algorithms are per se of an "abstract mathematical nature", irrespective of whether they can be "trained" based on training data. The guideline focusses on mathematical algorithms to

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