Protection for AI applications

There are many examples of AI applications. While ChatGPT is the best-known AI application, there are many others.

Examples of AI applications are:

• Using a neural network for determination or prediction of parameters
• Network architecture
• Big Data: data identification and processing with machine learning
• Monitoring and diagnostic systems supported by AI
• Simulations supported by AI, for example to increase efficiency or (medical) risk assessment

Are inventions using AI patentable?

Many inventions using AI are patentable – if they meet certain requirements. For AI inventions, analogous to computer-implemented inventions and software inventions, the following applies according to EPO Guidelines G-VII, 3.3.1:
Computational models and algorithms are per se of an abstract mathematical nature, irrespective of whether they can be "trained" based on training data. Hence, the guidance provided in G II, 3.3 generally applies also to such computational models and algorithms.

Therefore, computational models and algorithms are only patentable, if they have a technical effect.

"technical character" and inventions using AI

An "overall technical character" is the requirement for patent applications. However, it is not necessary for all features of the invention to be technical. Thus, if an AI application has an overall technical character, it could be protectable. Contribution to the technical character may be, inter alia:

• A technical purpose
• Claim features contributing to the technical character of the invention
• A technical implementation
• The use of technical means

Your benefit - our expertise in protecting for AI applications

Would you like to achieve protection for your AI application?

Our patent law firm has special expertise in this field. Dr. Malte Köllner, founder and partner of our law firm Köllner & Partner, represents the plaintiff, Stephen L. Thaler, in the DABUS proceedings for the naming of an inventor in an AI-generated invention.

We can advise and assist you in all aspects of protection for your AI application, including

- Assessment of your invention
- Patent applications, nationally and internationally
- Drafting and filing
- We represent you in oppositions and nullity actions
- We take over searches, monitoring and expert opinions
- We are experienced, highly qualified and multilingual patent attorneys