Including AI: EPO and UKIPO Approaches to AI and Patentable Subject Matter

Inventions relating to Artificial Intelligence, and more particularly to Machine Learning, have been raising questions for the patent community since they first started appearing as the subject of patent applications. Among these questions, the thorny issue of to what extent AI inventions may fall foul of the exclusions to patentable subject matter remains at the heart of many a headache for those of us working in the field. The European Patent Office (EPO) has issued explicit guidance with respect to its approach to this issue, and the UK Intellectual Property Office (UKIPO) have announced that they will be releasing new guidance on examining the patentability of AI inventions under UK practice early this year. In this article, we will be exploring the differing approaches of the European and UK Patent Offices to assessing the patentability of AI inventions.

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