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June 27, 2022

AI Patents In Europe – 5 Top Drafting Tips

Background

As AI inventions become more widespread, and businesses want to protect their global intellectual property (IP) in this fast-moving area, AI Patent Specialist, Louise Carr, shares her top tips on drafting successful patent applications, based on her experience before the European Patent Office (EPO).

5 Top AI Patent Drafting Tips

  1. Real-world effects – include the ‘real-world’ effects of the method that uses the AI (if there are any!) and what benefit using the AI has on these real-world effects.
  2. Broad ‘use’ language – include broad language for the use of the AI in the real-world (EPO: ‘technical’) application. It may be that only a particular technical method using the AI is patentable at the EPO, rather than the AI itself. In order to avoid falling foul of EPO added subject matter when amending to these claims, broad language describing the method(s) that use the AI needs to be present in the application as filed.
  3. Explain effects on computer architecture – if the AI makes a computer/system function in a better way at an architecture level, explain how.
  4. Method and system claims – include claim-style language for the method of using the AI in this way and a system configured to use the AI in this way.
  5. Evidence of effects – include evidence to support the effects of the AI in its application(s), especially if the benefit is not clear from how the AI works (e.g. comparison data).

5 Top AI Patent Drafting Tips

If your business is developing its AI portfolio, we can help to advise on cost-effective and performant IP strategies for protection in Europe and worldwide.

To set up an initial discussion, please contact Louise Carr.

Louise Carr, UK and European Patent Attorney

E. louise@cameronintellectualproperty.com

T. 0208 390 3775

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