What Are Computer-Implemented Inventions?
Computer-Implemented Inventions (CIIs) refer to innovations where computers, computer networks, or other programmable devices play a central role. These inventions often involve software that brings about a technical solution to a technical problem. Examples include algorithms improving data processing, machine learning systems, or embedded software in devices like medical equipment or autonomous vehicles.
Challenges in Protecting CIIs
Securing patents for CIIs can be challenging due to legal and technical complexities. Patent laws in many jurisdictions, including Europe, impose strict requirements for these inventions to qualify as patentable.
Some of the key challenges include:
Technical Character Requirement
CIIs must demonstrate a technical contribution to be patentable. Purely abstract ideas, mathematical methods, or business methods are excluded from patentability by law.
Defining Novelty and Inventive Step
Clearly outlining how the invention solves a technical problem in a novel and non-obvious way can be a hurdle.
Jurisdictional Differences
Standards for patenting CIIs vary globally, making it essential to tailor patent applications to specific regions.
Why You Need a Professional
Successfully obtaining a patent for a CII requires a deep understanding of patent law, technical expertise, and the ability to draft precise and persuasive patent claims. This is where I come in. As a European and German patent attorney specializing in CIIs, I help clients navigate the complexities of patent law to secure robust protection for their innovations.
Special features of AI-related inventions
A key issue for AI-related inventions is the distinction between purely abstract algorithms and technical inventions. In particular, the European Patent Office (EPO) and the US Patent and Trademark Office (USPTO) have developed guidelines to clarify when AI-based innovations can be considered technical. An algorithm that only performs mathematical operations is generally considered non-technical by the EPO. It only becomes patentable if there is a technical effect, such as faster image processing in a camera or more efficient engine control. The same applies to neural networks or training methods that are tailored to specific technical applications.
In addition to the EPO, the USPTO and the Japan Patent Office (JPO) have also developed specific guidelines for assessing AI inventions. All emphasize the need for a technical contribution to ensure patentability. At an international level, the World Intellectual Property Organization (WIPO) is discussing standardized guidelines, but has not yet created globally binding rules. The aim of these developments is to establish clear and uniform examination standards in order to avoid the patenting of purely abstract ideas. This takes into account the fact that AI technologies are developing rapidly and present complex challenges.
In Europe, AI-specific topics are incorporated into guidelines that are continuously revised to reflect technological advances. International harmonization is being sought, even if global regulations are not yet in sight.
The patenting of AI-related inventions therefore poses considerable challenges. Successfully patenting such inventions therefore requires specialized expertise that takes into account both the technical details and the complex legal and regulatory requirements. Experts who are familiar with the special features of AI inventions and the corresponding examination guidelines of the patent offices are indispensable here.
Our services for you
Tailor-made strategies: Together we develop a tailor-made strategy to determine the technical aspects of your invention and highlight them in the best possible way in the context of a patent application.
High-quality patent applications: We draft applications that meet both the technical and legal requirements in various jurisdictions.
Comprehensive advice: From the analysis of the state of the art to the actual application process and the defense of your application, we are at your side as a competent partner.
Use your innovation as a competitive advantage
The field of CIIs is characterized by dynamic development and high competitive pressure. Effective patent protection not only gives you an edge over your competitors, but also enables you to make strategic use of your intellectual property. Let us transform your innovation into intellectual property rights that will strengthen your company in the long term.
