AI Patent Application Drafting for Europe and for the US

  • With perspectives from one of the EPO's BoAs dealing with AI and from one

of Europe's leading corporate AI patent filers

  • The essentials in one day

Online-Seminar

From 1.340,00 € plus VAT
Services & Process

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Booking details

Online-Seminar

From 1.340,00 € plus VAT
Services & Process

Request Offer Request Offer

Learn how to write AI patent applications which get granted and are infringed upon! This online course will give you the best practical tips to improve your skills in drafting applications for AI patents. Apply your knowledge in a practical test including feedback from our expert speakers.

Your speakers

Dr. Martin Müller

Dipl.-Inform. Chairman, Technical Board of Appeal 3.5.06, EPO, Munich (Germany)

Martin is chairman of the EPO's Technical Board of Appeal 3.5.06, which deals with computer technology and artificial…

Dr. Christof Karl

German and European Patent Attorney, German and US
Attorney-at-Law, Bardehle Pagenberg, Munich (Germany)

Christof is a European Patent Attorney and attorneyat-law admitted to practice in Germany and New…

Karthik Kumar, Ph.D.

IP Attorney, Partner, Co-Chair AI Practice
Finnegan, Washington, D.C. (USA)

Dr. Karthik Kumar is a seasoned IP attorney whose practice centers on competitor IP litigation and strategic counseling…

What to Expect

  • Patent protection for different AI aspects
  • Claim drafting tips for AI inventions: claim structure and claim categories
  • First-hand presentation of EPO BoA decisions on AI patents
  • How to get AI patents granted in the US & differences to Europe
  • Pitfalls in drafting AI patent applications
  • Interactive workshop: hands-on exercises on AI patent protection

Who Should Attend

Do you work in the IP or patent department of a company, as a patent attorney in a law firm would like to draft better AI patent applications?

Then this course is intended for you.

Objective of the Event

Drafting patent applications for AI-related inventions raises a distinct set of challenges: selecting the right claim categories, and navigating frameworks that differ substantially between the EPO and the USPTO.
This course equips patent practitioners to address both jurisdictions confidently. The European portion covers protectable subject matter across the full range of AI-related claim categories, the EPO's technical effects doctrine, sufficiency of disclosure under Article 83 EPC. The relevant case law will be presented first-hand by a Chairperson of the Boards of Appeal, whom participants can address directly with questions from practice.
The US dimension is addressed in a targeted session covering the current USPTO guidance on § 101 subject matter eligibility for AI and software patents, recent Federal Circuit case law, the revised inventorship guidance for AI-assisted inventions, and the practical consequences of recent MPEP developments, with a consistent focus on where US and European approaches diverge and what that means for drafting strategy.
Participants leave with a concrete framework for assessing patentability on both sides of the Atlantic and practical tools for building claim sets that are defensible from the outset.

Your Benefit

  • You will understand which AI aspects can be patent protected
  • You will get an update on the latest case-law
  • You will be able to draft AI patent applications, also with a view to subsequent filings in different jurisdictions (Europe and US )

Programme

09:00-17:00 CET

Key aspects of patenting AI
  • Development of AI patent application filings
  • Fields of application for AI

Which AI aspects can be patent protected (with examples)
  • Protection of neural network
  • Protection of training method
  • Protection of training data
  • Protection of weights
  • Protection for the product
  • Trained machine

Claim categories in AI patent applications
  • Claim categories and enforcement
  • Products v. processes
  • Method
  • Apparatus/device/system
  • Computer program (product)
  • Data structure
  • Product-by-process

Divided infringement and how to avoid it

A model claim set structure for AI inventions

Framework for assessing patentability of CIIs at the EPO
  • The problem-solution approach, the 'Comvik' approach, G1/19
  • Technical effects
  • Technical effects over the whole scope (inventive step vs. sufficiency; G1/03)#EPO case-law first-hand digest#A glimpse at the UPC and the UKSC/UKIPO

Article 83 EPC: Sufficiency of disclosure
  • Brainstorm session: AI-based scale to estimate body weight based on face outline angle
  • Sufficiency of disclosure:
  • Breadth and evidence#EPO case-law first-hand digest
  • How to avoid a rejection under Art 83 EPC

How to get AI patents granted in the US - differences to Europe
  • Kim Memo: Examiner guidance on § 101 subject matter eligibility for AI and software patents
  • FC Recentive Analytics
  • Revised USPTO inventorship guidance for AI-assisted inventions
  • Ex parte Desjardins and the changes to the MPEP
  • Tips & tricks with regards to differences to Europe

Key aspects of patenting AI
  • Development of AI patent application filings
  • Fields of application for AI

Which AI aspects can be patent protected (with examples)
  • Protection of neural network
  • Protection of training method
  • Protection of training data
  • Protection of weights
  • Protection for the product
  • Trained machine

Claim categories in AI patent applications
  • Claim categories and enforcement
  • Products v. processes
  • Method
  • Apparatus/device/system
  • Computer program (product)
  • Data structure
  • Product-by-process

Divided infringement and how to avoid it

A model claim set structure for AI inventions

Framework for assessing patentability of CIIs at the EPO
  • The problem-solution approach, the 'Comvik' approach, G1/19
  • Technical effects
  • Technical effects over the whole scope (inventive step vs. sufficiency; G1/03)#EPO case-law first-hand digest#A glimpse at the UPC and the UKSC/UKIPO

Article 83 EPC: Sufficiency of disclosure
  • Brainstorm session: AI-based scale to estimate body weight based on face outline angle
  • Sufficiency of disclosure:
  • Breadth and evidence#EPO case-law first-hand digest
  • How to avoid a rejection under Art 83 EPC

How to get AI patents granted in the US - differences to Europe
  • Kim Memo: Examiner guidance on § 101 subject matter eligibility for AI and software patents
  • FC Recentive Analytics
  • Revised USPTO inventorship guidance for AI-assisted inventions
  • Ex parte Desjardins and the changes to the MPEP
  • Tips & tricks with regards to differences to Europe

Weitere Informationen


CPD: 6.5 hours

Attendees of this event will get 6.5 CPD hours certified.

In-house Offers - On-site and Online

We also conduct this seminar exclusively for your company - individually tailored to your requirements, flexible scheduling and available as either on-site or online format. Contact us and we will prepare a customized offer for you.

Request a quote

Our Recommendations

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Further Information

White paper: IP strategy - where to start

Download this whitepaper with the views of ~400 IP professionals.

Details

White paper: Research and Development Agreements

Download the checklist with typical R&D agreements clauses.

 

Details

White paper: Patent License Agreements

Download the checklist with typical patent license agreements clauses.

Details

Your Contact Person

We are happy to advise you personally and individually.

Our further education offerings are comprehensive. We are happy to personally match your requirements with our offerings. Let our further education experts advise you and contact us today.

Jean-Claude Alexandre Ho, LL.M.
Deputy Department Manager
+49 6221 500-675
jc.alexandreho@forum-institut.de