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Research: Patentability of Computer Programs in Europe

by Yulia Borisova

Patentability of Computer Programs in Europe

The subject matter of this paper is focused on software inventions, which emerged in the practice of European Patent Office under the umbrella of “computer program having a technical character”. This concept is built without a proper definition of “computer program” and remains insufficiently researched. However, such patents are already granted. The main questions examined in the paper include the following: • What does Article 52 of the European Patent Convention understand under unpatentable “programs for computers as such”? • Are there any elements in a computer program that are not excluded by Article 52 and thus can qualify as inventions? • What is the role and the meaning of “further technical effect” that must be produced by a computer program in order to be patentable?

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Categories: Open Source Software, Artificial Intelligence and Data, Student Contribution

4iP News: Brush up your knowledge easily on artificial intelligence and IP

Register for FIDE and TIPSA's webinar and consult 4iP Council's new practical artificial intelligence guide

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Categories: Artificial Intelligence and Data

Publications: A Guideline to Artificial Intelligence, Machine Learning and Intellectual Property

by Marta Duque Lizarralde

A Guideline to Artificial Intelligence, Machine Learning and Intellectual Property

This guide has been developed to help businesses understand the basic tenets of artificial intelligence (AI), and the main steps necessary to ensure the protection of creations generated by AI.

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Categories: IP Enforcement, Open Source Software, Artificial Intelligence and Data, Business Models, Industry 4.0, Student Contribution

4iP News: JIPITEC selects two 4iP Council papers for its 10 year edition, just published

'A FRAND Regime for Dominant Digital Platforms' and 'Evaluating the EC Private Data Sharing Principles: Setting a Mantra for Artificial Intelligence Nirvana?', papers commissioned by 4iP Council, appear in the latest issue of the Journal of Intellectual Property, Information Technology and Electronic Commerce Law (JIPITEC).

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Categories: Artificial Intelligence and Data, Digital Platforms, European Commission, FRAND

Research: The examination of computer implemented inventions and artificial intelligence inventions

by Jean-Marc Deltorn, Andrew Thean, Markus Volkmer

The examination of computer implemented inventions and artificial intelligence inventions

Computer-implemented inventions and applications of artificial intelligence have become an important part of the current innovation landscape. This trend is demonstrated by a significant increase in patents filings in a variety of technical areas, from self-driving vehicles to applications supporting the fourth industrial revolution. The EPO, as the patent granting authority for the contracting states to the EPC, has developed, over time and in line with the case law of the Boards of Appeal, a stable practice regarding the patentability of computer-implemented inventions. This practice now also applies to applications in the field of artificial intelligence, where it offers a stable platform on which applicants and practitioners can secure patent protection for AI inventions at the EPO, with predictable outcomes. This paper provides guidance about the patentability of artificial intelligence at the EPO.

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Categories: Patent System and Patent Quality, Artificial Intelligence and Data