Bioinformatics at the EPO

Video overview:

What is Bioinformatics?

Bioinformatics involves the use of computational tools, software, algorithms, and AI to analyse biological data, such as genetic sequences, protein structures, or medical information.

Are Bioinformatics Inventions Patentable at the EPO?

Yes, bioinformatics inventions can be patented, but they must pass a two-hurdle approach:

The Two-Hurdle Approach

First Hurdle:
Question: Does the claimed invention fall within excluded subject matter categories?
How to satisfy: Typically overcome by adding a technical feature such as “computer-implemented method” or “a server configured to…”
Example: Claim a “computer-implemented method” for a bioinformatics algorithm.
Second Hurdle:
Question: Assessment of inventive step using the “problem-solution approach” for mixed-type inventions.
How to satisfy: Consider all features—both technical and non-technical—that contribute to a technical effect or purpose.
Example: Focus on the purpose of the invention and novel technical features that contribute to it.

Tips for Success

Bioinformatics AI inventions stand a better chance if they are applied to a specific field of technology, or are adapted to a particular technical implementation