Below you will find answers to the frequently asked questions. Is your question not listed? Feel free to contact one of our experts or submit your question via the contact form.
Frequently asked questions
Yes, patent requirements can vary between jurisdictions. For example, the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) have different criteria for what constitutes a patentable AI invention. Although both jurisdictions require the AI invention to relate to a technical application of AI, there are differences in what is considered technical and what not. Also, the inventive step is differently assessed in both countries. It's important to consult with a specialized patent attorney familiar with the specific requirements of the target jurisdiction(s).
No, the data itself does not have to be disclosed, but it is required to disclose the data requirements and the training method that is needed to train the machine learning model. In many cases, it is also advisable to describe what kind of machine learning model needs to be applied. If this is absent, the model itself may be considered to be insufficiently disclosed, which could result in a refusal of the application.
AI inventions that automate non-technical processes, such as business methods or purely abstract ideas, generally do not qualify for patent protection unless they involve a novel technical implementation that solves a technical problem. The key is whether the AI contributes to the technical character of the solution, not just the automation of non-technical activities.