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16 - Patentability of AI

Inventions in the European Patent Office

from Part V - AI and Intellectual Property Law

Published online by Cambridge University Press:  28 July 2022

By
Nicholas Fox ,
Yelena Morozova  and
Luigi Distefano
Edited by
Larry A. DiMatteo ,
Cristina Poncibò  and
Michel Cannarsa
Larry A. DiMatteo
Affiliation:
University of Florida
Cristina Poncibò
Affiliation:
Università degli Studi di Torino, Italy
Michel Cannarsa
Affiliation:
Catholic University of Lyon, France
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Summary

It is only recently that the EPO’s Boards of Appeal have had to deal with appeals relating to the surge of AI based inventions. In doing so the Boards of Appeal have adopted a gradualist approach, adapting the extensive EPO case law relating to the patentability of computer programs ‘as such’ and applying it to AI inventions. The most recent change to the Guidelines indicates the EPO’s willingness to adapt to technological developments and to refine its approach to patentability of inventions involving AI, while at the same time taking a firm line against patenting non-technical inventions.

Keywords

European Patent Officesubject matterPatentability of programs for computers Vicom/Computer-related inventionTechnical effect
Type
Chapter
Information
The Cambridge Handbook of Artificial Intelligence
Global Perspectives on Law and Ethics
 , pp. 223 - 239
Publisher: Cambridge University Press
Print publication year: 2022

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