ARTICLE · 05 JUNE 2025

Plausibility And AI – More Hints From The EPO On What Is Needed To Support A Technical Effect?

Murgitroyd

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However, one issue, especially for the early-stage innovator, is that the AI model has often not been trained and implemented, so it is not always possible to provide...

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Murgitroyd & Company

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Key to the success of a European patent application which seeks protection for an AI-focused invention is the demonstration of a technical effect.

However, one issue, especially for the early-stage innovator, is that the AI model has often not been trained and implemented, so it is not always possible to provide all of the data that can support the technical effect.

This may be problematic as it can undermine inventive step, which is often demonstrated using technical effect, and sufficiency, which is demonstrated based on the guidance provided in a patent application.

G 2/21 and Technical EffectG 2/21 provided guidance on what can be used to support a credible technical effect and supports the possibility that post-published data can be used to support a technical effect, provided the data supports a technical effect which is consistent with what is provided in the application as filed. This has, in summary, been the approach which has been applied by EPO

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