New EU Patent Guidelines May Affect Companies' AI Strategy

Law360 (October 31, 2018, 4:34 PM EDT) -- Innovators in artificial intelligence and machine learning technologies should take note of the European Patent Office's recently published guidelines for artificial intelligence and machine learning, effective Nov. 1, 2018.[1]

The guidelines appear to embrace an application-specific approach to patent eligibility, in which AI and ML technologies applied to fields such as image or signal classification are more likely to be deemed eligible, whereas AI and ML technologies applied to fields such as textual or linguistic classification may face an uphill battle. The guidelines' apparent categorical exclusions of certain AI and ML subject matter stands in contrast to U.S. patent eligibility law, which...

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