Patenting computer-implemented healthcare inventions in AI and machine learning

The European Patent Office (EPO) has recognised the importance of artificial intelligence (AI) and machine learning by updating the EPO Guidelines for Examination to focus on the patentability of innovations having an AI aspect. The EPO held a conference in 2018 directed to patenting AI, testament to the impact AI is having in all areas of technology. It is a common misconception that computer software cannot be patented. Although not all software is patentable, software in the medical technology field is often patentable. Navigating exclusions to patentability can be a challenge with AI inventions because they can be viewed as a form of mathematical method, which are on the list of non-inventions defined by the European Patent Convention. Although routine implementation of AI or machine learning to solve a problem foreseeably solvable by AI is unlikely to be sufficient to obtain patent protection, it is eminently possible to obtain patent protection for AI inventions. This webinar will explore by example how to approach the patenting of AI inventions in the medical field and how to navigate the exclusions from patentability, including some types of computer software, pure mathematical methods and methods of diagnosis.