Patent Protection for AI-Based Inventions
AI as a Tool or as the Subject of the Invention
The key factor in determining patentability is, first and foremost, the role that artificial intelligence plays within the invention.
While computer programs as such are not patentable under the European Patent Convention (EPC), computer-implemented inventions - that is, technological innovations relating to the functionality of computers, networks, or programmable devices - are generally patentable.
AI can - for example, through intelligent image analysis in medical devices, through energy optimization of technical systems, or through adaptive control of machines - constitute an important component of a patentable technical invention.
The key question regarding an AI-based invention is: What specific technical problem is solved by using AI, and what technical effect does the solution achieve?
Can AI-based development be patented?
AI-based developments can generally be patented, provided that the requirements for protection under the Patent Act (novelty, inventive step, industrial applicability, and technical character of the invention) are met.
The AI invention must make a demonstrable technical contribution to solving a specific technical problem. The key question is what role the AI plays within the technical system and what technical advantages and improvements result from its use.
Information for Patent Law Analysis
In order to assess the patentability of an AI-based innovation, the most comprehensive information possible regarding the overall technical solution is required.
- Description of the technical problem: What was the technical challenge? What are the drawbacks of previously known solutions?
- Technical Solution: How does the invention work? What components are involved? How is the AI integrated into the overall system?
- How AI Works: Which AI method is used? What input data is processed? What output does the system generate? How do the results influence the technical process?
- Technical Effect: What measurable improvements are achieved? Are there any test results or comparative data?
- Distinction from the Prior Art: How does the invention differ from known solutions (particularly in terms of technical advantages)?
A detailed description and documentation are essential for assessing patentability and developing a sound patent strategy.
Regarding Justus Kreuels:
Justus Kreuels, a patent attorney and European Patent Attorney, studied mechanical engineering at the Technical University of Munich and RWTH Aachen University. He is increasingly focused on enforcing intellectual property rights in the fields of computer science, the Internet of Things (IoT), robotics, and related areas in Germany.