In this article, we take a practical look at drafting the
specifications of different types of Machine Learning (ML)
inventions in view of the European Patent Office's patent
eligibility requirements.
As discussed in our earlier article, there are, broadly
speaking, three types of Machine Learning inventions: Applied-AI,
Core-AI and Hardware Inventions. In this article we look at
drafting considerations for each of these in turn.
Applied-AI: Inventions that are patentable by virtue of their
"application to a field of technology"
These inventions are where AI is applied to a specific problem,
such as, robotic surgery, self driving vehicles, or medical image
diagnosis. The independent claims usually make reference to the
field, for example, a claim might be directed to "A method in
an automated vehicle". If the field of technology is a field
deemed technical by the EPO, then the EPO is likely to consider the
invention to constitute patentable subject matter.
