Source: Jacobacci

Jacobacci publishes a comprehensive legal guide on the patentability of artificial intelligence in Europe. The article explains that while AI algorithms as such are not patentable under European law, inventions that use AI as a component of a technical solution may be eligible for patent protection. The key is to demonstrate a technical effect or contribution beyond the algorithm itself.

The guide also explores how the European Patent Office (EPO) evaluates AI-related applications, focusing on the technical character and implementation of AI systems within broader inventions. It highlights strategic considerations for applicants, including claim drafting and the importance of describing the technical context clearly.

The piece also touches on challenges related to AI-generated inventions—i.e., cases where AI, not a human, is the inventor—which remains a controversial area under current legal frameworks.