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On November 1, the European Patent Office’s (EPO) updated Guidelines for Examination went into effect. Of note, the Guidelines include a new subsection on “artificial intelligence and machine learning.” This is the latest milestone in a recent world-wide wave of interest in patenting in the field of artificial intelligence. However, the legal framework for patenting such inventions is uncertain, evolving, and not uniform across the globe. This post addresses the current state of artificial intelligence patenting in Europe and the United States in particular, and offers key takeaways that practitioners should consider when drafting and prosecuting patent applications in this field.

Background on Artificial Intelligence and Machine Learning

For context, artificial intelligence (“AI”) may be summarized as the simulation of intelligent human behavior by machines. A subcategory of AI, machine learning (“ML”), refers to ability of systems to learn from data and improve from experience automatically—in other words, without being explicitly programmed. In practice, the beneficial results delivered by AI and ML are rooted in algorithms and mathematical models. These features, however, have generally been excluded from patentability in both Europe and in the United States. While AI and ML hold promise as the next breakthrough technology, this legal precedent raises concerns about the ability to secure and maintain patents in this field.
Continue Reading AI Update: Considerations for Patenting Artificial Intelligence in Europe and the United States