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Research: Patentability of Computer Programs in Europe
by Yulia Borisova
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?
Publications: A Guideline to Artificial Intelligence, Machine Learning and Intellectual Property
by Marta Duque Lizarralde
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.
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).
Research: The examination of computer implemented inventions and artificial intelligence inventions
by Jean-Marc Deltorn, Andrew Thean, Markus Volkmer
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.