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1 results

  • 16 - Patentability of AI

  • from Part V - AI and Intellectual Property Law
  • Edited by Larry A. DiMatteo, University of Florida, Cristina Poncibò, Università degli Studi di Torino, Italy, Michel Cannarsa
  • Book:
    The Cambridge Handbook of Artificial Intelligence
    Published online:
    28 July 2022
    Print publication:
    11 August 2022, pp 223-239

  • Summary

    It is only recently that the EPO’s Boards of Appeal have had to deal with appeals relating to the surge of AI based inventions. In doing so the Boards of Appeal have adopted a gradualist approach, adapting the extensive EPO case law relating to the patentability of computer programs ‘as such’ and applying it to AI inventions. The most recent change to the Guidelines indicates the EPO’s willingness to adapt to technological developments and to refine its approach to patentability of inventions involving AI, while at the same time taking a firm line against patenting non-technical inventions.