The European Patent Office (EPO) requires AI inventions to have a "technical character" and contribute to a technical field. While AI algorithms themselves are generally considered mathematical methods and thus not patentable, their application in specific technical fields, such as image processing or speech recognition, can render them patentable.
To avoid pitfalls in drafting AI patent applications, consider the following:
1. Avoid overly broad claims that lack specificity and technical detail. Claims should be focused on the specific technical contribution of the AI invention.
2. Provide sufficient detail about the AI model's architecture, training data, and specific technical effects. Mere assertions of improved performance or efficiency are not enough.
3. Clearly articulate the technical effect that the the AI invention achieves. This effect should be tangible and contribute to a technical field.
By addressing these pitfalls and ensuring that the AI invention has a clear technical character and solves a technical problem, patent applicants can increase their chances of obtaining a valid patent.
The information presented is based on the data available at the time of writing. There is no commitment to update or modify the text after the initial publication. The user bears full responsibility for assessing and using the information. Provision of legal advice or assumption of liability towards third parties is limited to clients who have entered into a relevant cooperation with the office.
