Patenting AI in Europe

On 1st and 2nd April 2025 CEIPI organizes the seventh edition of the Executive IP Management👉 Strategic and operative handling of IP to maximize value. Days as a hybrid event in Strasbourg and online. Next to keynotes by Profs Thierry Debled and Alexander Wurzer, the event features practice-orientated lectures by Dr. Benjamin Delsol about patenting AI in industry 4.0👉 Usage of digital technologies to create smart, connected manufacturing systems. applications and Dr. Robert Klinski about patenting AI in Europe as well as panel discussions and Q&A sessions. Upon full attendance to the training participants will receive a certification from the CEIPI.

Artificial intelligence use cases are transforming many industries already today by changing the ways how products and value are created. This starts with industry 4.0 solutions, where AI can help to optimize work flows in real time, minimizing waste, and ends with improved recommendation algorithms for streaming services. This shows, that AI is not only a topic for tech companies, but that manufacturers and other more traditional industries can also benefit from it. And who does not master AI, may risk👉 The probability of adverse outcomes due to uncertainty in future events. to lose their competitive edge.

This is also true regarding the patenting of AI. Companies who do not proactively secure the most promising AI use cases early on will struggle to stake their claims in a crowded patent👉 A legal right granting exclusive control over an invention for a limited time. landscape. Therefore, a good understanding of the current patenting practice in Europe and an overview of the most valuable patented use cases is crucial for industry experts and IP practitioners. The CEIPI Executive IP Management Days will provide participants with a comprehensive understanding of the situation regarding patenting AI in Europe.

In the digital transformation the value creation is drastically shifting from the selling of products and devices to the offering of solutions for dedicated use cases. This way, the customer receives a direct solution to a problem and does not need to figure out how to use the product to their benefit. Those solutions are typically digital and increasingly AI-based. Therefore, the role of AI-based use cases and their protection is becoming an every more growing topic for the European industry. And it is no topic of the future, as you can see in the interview with the finalist of the EPO European Inventor👉 A person who creates new devices, methods, or processes. Award 2019, Esben Beck, who protected his AI-based sea lice removal use case.

Industry 4.0 is describing the current revolution happening in factories everywhere on the planet, where synergies between digital and physical elements of machines are creating additional value. This is achieved by the increased connectivity and computation power of modern digital technology.

The further implementation of AI in those Industry 4.0 applications can create even bigger value for companies. This added value may be achieved by enhanced productivity due to more rapid and precise execution of processes as well as better decision making👉 The process of choosing the best option among alternatives. through the guidance by artificial intelligence. Additionally, AI might be more adaptable to the rapidly changing tasks and requirements of modern manufacturing, giving companies more flexibility and a competitive advantage.

Please find below a summary of a lecture by Dr. Benjamin Delsol on the topic.

The granting practice for AI patents varies internationally between jurisdictions and the European practice at the EPO is generally considered more restrictive compared to the practice in the US or Japan. This means, that especially in Europe a proactive approach during the invention👉 A novel method, process or product that is original and useful. process is critical to generate AI inventions, which fullfil the strict patentability criteria of the EPO. A tested approach is the invention harvesting method, which is focusing on the systematic and early identification of potential inventions in the invention process, so that no valuable and patentable AI inventions are missed.

Please find below an introduction to the invention harvesting method by Dr. Robert Klinski.