Patentability of AI Inventions at the EPO

Video overview:

The EPO assess AI inventions using a two-hurdle approach:

First Hurdle – Excluded Subject Matter

• AI algorithms on their own are considered mathematical methods and are not patentable.
• To pass this hurdle, the algorithm must be implemented using technical means (e.g., on a computing device).

Second Hurdle – Inventive Step

• • The EPO uses the problem-solution approach, focusing on the technical effect over prior art.
  • Purely mathematical features don’t contribute to an inventive step unless they interact with technical features to achieve a technical effect.

Other Considerations

• AI applications solving business, administrative, or natural language problems may not be considered technical.

The EPO is strict about amendments after filing, so patent applications should be carefully drafted with future amendments in mind.