EPA Patent Index 2024
In the EPO Patent Index 2024 published at the end of March, computer technology, which includes areas such as artificial intelligence (AI), machine learning and pattern recognition, is leading the way. In 2024, EU patent applications for computer technologies increased by 3.3% to 16,815 applications.
Technologies in the category “Electrical machinery, apparatus and energy” recorded the strongest growth in 2024 - driven by advances in clean energy technologies, in particular battery innovations (+24%) - at +8.9% compared to 2023.
The USA remains the leading country of origin for European patent applications, followed by Germany, Japan, the People's Republic of China and the Republic of Korea.
EPO member states contributed to 43% of applications, 57% came from countries outside Europe.
Further information: Patent Index 2024
Artificial intelligence
AI is one of the key technologies in the field of digitalization in recent years.
Further information in our blog Artificial Intelligence and patent law
Machine learning
Machine learning and AI algorithms are often difficult to patent as they are based on mathematical methods. There must be a demonstrable technical effect, e.g.
- solution to a technical task, e.g. an improved neural network for solving a technical problem. In case constellations; this can also be a medical diagnosis, for example
- Interaction with hardware components, e.g. a specialized chip architecture for deep learning
- Development of a new type of data processing, e.g. optimized training of AI models for language processing
Patents for software inventions
In many countries, including the USA, Europe and Japan, computer programs as such are not patentable. Computer programs are considered intellectual works (copyright).
Pure software ideas, business methods, mathematical algorithms or, for example, programs that optimize organizational processes cannot obtain patent protection.
However, software-based inventions can be patentable if they have a technical character. This means that the invention must solve a specific technical problem or achieve a technical effect using technical means.
Development of an IP strategy
We support companies and inventors in identifying suitable technical fields of application for computer-implemented ideas when filing a patent application.
If it turns out that the invention is not patentable, alternative protection strategies can be developed, e.g. in the area of copyright or competition law.
Regarding Justus Kreuels:
Justus Kreuels, German and European Patent Attorney, studied mechanical engineering at the TU Munich and the RWTH Aachen. A main focus of his practice is the enforcement of intellectual property rights in the field of mobile communication, Internet of Things (IoT), robotics, etc. in Germany.