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ARTICLE · 19 DECEMBER 2020

AI Inventions And Sufficiency At The EPO

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The EPO grants many patents for inventions involving machine learning. However, a recent EPO Board of Appeal decision (T0161/18) highlights

United KingdomIntellectual Property

The EPO grants many patents for inventions involving machine learning. However, a recent EPO Board of Appeal decision (T0161/18) highlights the importance of drafting such applications carefully so that sufficient details of the training dataset are included. A failure to do so can result in refusal of the application on the grounds of both sufficiency and lack of inventive step.

The invention and claims

The invention concerned a device in which aortic heart pressure were calculated from blood pressure measurements using a neural network.

Independent method claim 1 contained the following characterising portion:

" ..... characterized in that the transformation of the blood pressure curve measured at the periphery is converted into the equivalent aortic pressure with the help of an artificial neural network, the weighting values of which are determined by learning."

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