Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 03 OCTOBER 2023

Assessing Patentability In Artificial Intelligence Patent Applications At The EPO

Boult Wade Tennant LLP
Boult Wade Tennant LLP
Contributor
Boult Wade Tennant LLP

Boult Wade Tennant LLP

Boult is a top-tier European firm specializing in IP advice and solutions for both domestic and...

View firm profile
Explore more from Boult Wade Tennant LLP

The EPO outlines challenges for patenting AI inventions, emphasizing the need for "technical character," non-obviousness, and detailed descriptions of algorithms and technical effects to ensure patentability.

United KingdomIntellectual Property
Joshua McFarlane
Joshua McFarlane
Author LinkedIn connections

As artificial intelligence (AI) continues to advance and transform various industries, the protection of AI-related inventions through patents becomes increasingly important. Artificial intelligence encompasses a wide range of technologies, including supervised and unsupervised classifiers, natural language processing, computer vision and neural networks.

Each patent office has their own guidelines for the assessment of patentability of patent applications and the approaches taken by the different patent offices worldwide can vary considerably. This is especially true for computer-implemented inventions, which of course includes many inventions relating to AI. Europe is an important market for many industries and a convenient way to obtain patent protection in multiple European countries is by filing an application at the European Patent Office (EPO).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.
United KingdomIntellectual Property
Ashfords LLP
Ashfords LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

The Manchester Creative Industries AI Summit – The Government's Opportunity To Set Out A Policy Direction On Copyright And AI?

Prime Minister Andy Burnham has convened the Creative Industries AI Summit in Manchester to bring together rightsholders, regulators, platforms and AI labs to align on a common approach to copyright-protected works in AI development. The Summit will unveil the 'Manchester Principles', a framework establishing minimum conditions for using human creative work to train generative AI models.
United KingdomIntellectual Property
Lewis Silkin
Lewis Silkin
Article

UPC CoA Confirms Jurisdiction Over Pending European Patent Application

The UPC Court of Appeal has confirmed that the Unified Patent Court can exercise jurisdiction over European patent applications, provided they are granted before the defendant files their statement of defence. This landmark decision means patent holders may now be locked into the UPC system even before their patents are officially granted, fundamentally changing the strategic timing considerations for opting out of UPC jurisdiction.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

Omnia v Sidel Appeal Confirms: If You Intend To Opt Out, Do It Early

The UPC Court of Appeal has confirmed that actions can be commenced before a European patent application is granted, fundamentally changing the strategic calculus for patent applicants considering opt-out decisions. This ruling in Omnia v Sidel establishes that the window between publication and grant is no longer a safe period free from UPC jurisdiction risks. Patent owners who wish to avoid UPC litigation must now act swiftly after application publication to preserve their opt-out rights.
European UnionIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

The UK-Swiss Trade Deal: Boosting Innovation In Pharma And Biotech

The UK-Switzerland Free Trade Agreement introduces groundbreaking provisions for pharmaceutical and biotech innovation, establishing explicit commitments to maintain IP rights and regulatory exclusivity for medicinal products. This enhanced deal creates mechanisms for cross-border partnerships while ensuring seamless mobility of expertise between two global life sciences leaders.
United KingdomIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

Cheers! UAE Opens The Door To Trade Mark Registration For Alcoholic Beverages

The United Arab Emirates has lifted its longstanding restrictions on trade mark applications for alcoholic beverages, marking a significant shift in intellectual property policy. This development opens new opportunities for brand owners in the beverages and hospitality sectors to secure direct protection for their alcohol brands and products. The change aligns the UAE more closely with international classification standards and follows similar reforms recently implemented by Qatar.
United Arab EmiratesIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

Implementation Of The EU Design Regulation (Phase II)

The European Union Intellectual Property Office (EUIPO) is implementing significant changes to EU design registration procedures, introducing dynamic and animated representation formats alongside traditional static views. These reforms will fundamentally alter how design applicants protect their intellectual property, from expanded visual documentation options to streamlined invalidity proceedings and new amendment mechanisms for registered designs.
United KingdomIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP
Article

A Standalone Designation For Jersey Under WIPO’s Madrid System

The World Intellectual Property Organisation has announced that Jersey will become an independent designation under the Madrid System for international trade mark registration from August 2026. This significant change means UK designations will no longer automatically cover Jersey, requiring brand owners to take specific action to maintain protection across both territories. Portfolio managers and brand owners with interests in this leading offshore finance hub will need to understand the implications for t
JerseyIntellectual Property
Boult Wade Tennant LLP
Boult Wade Tennant LLP