Patentability & Machine Learning - Opportunities & Obstacles Explored

Introduction

Machine learning (‘ML’) is rapidly becoming prevalent across all areas of technology. From increasing crop yields to improving building design, businesses across many sectors can gain a decisive commercial advantage through the application of machine learning algorithms.

From a patenting perspective, however, it can be challenging to obtain grant due to strict subject-matter exclusions that apply both to machine learning specifically and to computer-implemented inventions more broadly. With a solid understanding of the law and careful drafting, there remain opportunities to secure patent protection for many inventions in this area.

This new virtual classroom seminar will examine the current position in the UK and Europe regarding machine learning inventions, including the latest developments from the European Patent Office (EPO), the UK Intellectual Property Office (UKIPO), and the UK courts. It will highlight emerging trends and best practices for protecting machine learning innovations.

The session will include detailed discussions of the current legal framework, illustrated with worked examples of both successful and unsuccessful claims, approaches, and arguments.

Participants should have at least a basic understanding of patent law before attending this session.

What You Will Learn

This live and interactive course will cover the following:

• Current approaches of the EPO, UKIPO, and UK courts to patent applications involving software-implemented inventions
• Current guidance from the EPO and UKIPO on machine learning in particular
• Recent EPO Board of Appeal decisions relating to machine learning, and the impact of the Enlarged Board of Appeal decision G 1/19
• A review of the recent Emotional Perception Supreme Court decision
• Practical drafting tips for patent applications involving machine learning

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.