Artificial Intelligence Patent Attorneys

Artificial Intelligence (AI) has been an exciting area of innovation for decades, with invigorated interest in the recent years. The ‘Fourth Industrial Revolution’ has brought renewed activity, especially in the fields of machine learning (ML) and robotics.

 

Patenting trends show an explosion of interest in the use and application of AI and ML technologies. The UK Intellectual Property Office (UKIPO) suggests a 400% increase in AI-related patent applications in the decade until 2019.

 

Patenting Artificial Intelligence and Machine Learning

 

Machine Learning technologies, such as neural networks and deep learning algorithms, are the especially dominant theme in AI patenting, with over a third of AI patents concerning these techniques.

 

The various jurisdictional approaches to patenting AI present a challenge for inventors. For example, the European Patent Office does not consider that mathematical methods alone fulfill the requirement of an ‘inventive step’ necessary to obtain a European Patent. Thus, it is necessary to show the invention’s technical effect when applied to a particular technology. If that application is considered novel and inventive, the patent can be accepted. 

 

We recognise that our clients’ innovative contributions to the field of AI will push the boundaries of what is considered to have inventive technical merit, and we are probing all options to get enduring protection through these ever-changing times.

 

We particularly pride ourselves in a straight-forward approach to advising and tackling head-on the grey area of obtaining patent protection for computer-implemented inventions. It is most certainly possible to obtain valuable patent protection for software, and our attorneys are at the forefront of tackling on-going and fresh challenges posed by patent examiners throughout the world.

 

Are AI and machine learning inventions patentable in the UK and Europe?

 

Patents may be granted when AI is applied to solve a technical problem in a field of technology.

 

The official EPO Guidelines for Examination give two positive examples of typical technical applications that move the AI-based innovation out of the abstract realm.

• The use of a neural network in a heart-monitoring apparatus for the purpose of identifying irregular heartbeats makes a technical contribution. 
• The classification of digital images, videos, audio or speech signals based on low-level features (e.g. edges or pixel attributes for images).

 

On the other hand, it can be challenging to obtain valuable patent protection for computer implemented inventions, such as machine learning based innovations. A common complication is that modern products often involve a computer, network or other programmable apparatus, where one or more features are realised wholly or partly by computer software. 

 

While computer programs themselves may be excluded from patent protection at many patent offices, it is certainly possible to obtain patent protection for the underlying inventions that give the computer programs a technical character. For example, in Europe, the exclusion does not apply to computer implemented inventions that solve a technical problem in a new and inventive manner. 

 

Read more on this in our article:Board of Appeal on inventive step in computer implemented inventions

 

Why choose our artificial intelligence patent attorneys?

 

We have the expertise to quickly grasp the complex technical concepts of the inventive algorithms and architectures, and to provide concrete assistance and practical advice.

 

"We were impressed with the AI knowledge of Hugh Dunlop and the professional staff at Maucher Jenkins that enabled quick turnaround and filing of our patent application. It was a pleasant surprise to receive a draft patent application that was almost fully formed first time and did not need multiple exchanges of drafts before filing." - Huy Phan, Zeta Motion

 

Our high-tech patent group has decades of experience obtaining patents in the numerous areas of AI in a wide variety of implementation contexts.

 

We have particular experience in drafting and prosecuting patents relating to: 

• 'smart' image processing, for feature recognition, image synthesis, image enhancement, etc.
• speech recognition and natural language processing
• neural network architectures for enhanced deep learning
• robotics
• machine learning algorithms in BioTech and MedTech products

 

For more information on our expertise in medical devices see: MedTech & Medical Devices

 

We work with companies from established blue-chip corporations to local start-ups with active AI and ML research and development.

 

In addition to preparing, filing and prosecuting patent applications in the AI field, our attorneys are also experienced with novelty searching and analysis, portfolio strategy advice, freedom-to-operate due diligence and risk assessment, invalidity challenges, and patent landscaping. 

 

Find more information on our patenting services here: Patents & Inventions

 

Our AI subject-matter experts will be pleased to help with preliminary assessment and advice, and securing patent protection where possible.  Contact us to discuss your requirements: Contact Us