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ARTICLE · 27 FEBRUARY 2023

Can Flooding Provide A Safe Harbour At The EPO?

Marks & Clerk
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Growing up, my parents' house flooded on two occasions. I am therefore all too aware of the damage that floods can cause and the need to understand the risk of flooding occurring.

United KingdomIntellectual Property

Growing up, my parents' house flooded on two occasions. I am therefore all too aware of the damage that floods can cause and the need to understand the risk of flooding occurring. As discussed in this article, assessing flood severity and risks is one application towards which AI is now being directed. I therefore thought the work discussed in the article would provide a good example for considering the patentability of AI at the EPO.

It is a common misunderstanding that computer programs (i.e. AI) cannot be protected using patents. Put simply, this is not necessarily the case. However, seeking patent protection for computer programs does have its own peculiarities and challenges that can be usually be overcome with professional expertise. For example, when applying for patent protection at the European Patent Office (EPO), an invention must produce a technical effect. For AI inventions (which the EPO consider to be mathematical methods) to have technical effect,

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