The EPO and UKIPO Approaches to AI and Patentable Subject Matter

Inventions relating to Artificial Intelligence (AI), 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.

In particular, the thorny issue of the extent to which AI inventions may fall foul of the exclusions to patentable subject matter remains at the heart of many a headache for those working in the field.  

The European Patent Office (EPO) has issued explicit guidance with respect to its approach to this issue, while the UK Intellectual Property Office (UKIPO) has announced that it will be releasing new guidance on examining the patentability of AI inventions under UK practice early this year.

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