Patenting AI-based inventions can be challenging in many
jurisdictions. In recent years the UK Intellectual Property Office
(IPO) has gained a reputation for being less friendly to AI-based
inventions.
Up until now, it has been difficult to judge whether the IPO
will even search an AI-based invention, which has driven many
innovative AI companies away from filing for patent protection in
the UK. The IPO has released new guidelines, which we summarise
below, to give applicants more certainty on how to structure their
patent applications for the best prospects of a successful
outcome.
ANNs AND COMPUTER PROGRAMS
AI inventions often face unique challenges, particularly
concerning exclusions to patentability. For instance, mathematical
methods, mental acts, and programs for computers "as
such" are not patentable. However, an invention is not
excluded if it makes a "technical contribution" beyond
these exclusions. Therefore, AI inventions must be carefully
