A guide to protecting AI and machine learning inventions

Securing patents for inventions that use artificial intelligence (AI) and machine learning can be challenging for innovators of these ground-breaking technologies, which attempt to use the processing power of computers to replicate the intelligence and learning capabilities of humans. Without patent or other intellectual property protection, they may be unable to commercialise their inventions, which could undermine investment in this dynamic field of research and development. To clear the way for innovators, the European Patent Office has recently amended its'Guidelines for Examination' by including a new section containing advice about how patents related to AI and machine learning technologies should be assessed. The guidance clarifies that whilst algorithms are regarded as'computational' and abstract in nature, which means they are not patentable per se, once applied to a technical problem they may become eligible for patent protection. Beneficially, the approach outlined in the guidance is similar to that currently used to assess the patentability of computer-implemented inventions.