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AI musings

T 0183/21 - Feedback control of model training

This recent decision concerned a recommender system for recommending items to users, for example video in a VOD system or products.

AI musings

A change of emotional perception

A recent High Court appeal (Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch)) has up-ended the examination practice of ANNs in the UK.

AI musings

AI in medicine – ways not to get a patent and what we can learn from them

In the more recent decision T 1910/20 building a therapy plan was held not to be a technical task and therefore a display to help better understand glucose measurement data was just a non-technical di...

AI musings

Parallel reinsurance

The recent decision T 2910/19 is an example of a mathematical method of evaluating insurance claims, which was implemented based on technical consideration so that the implementation had a technical e...

AI musings

No reasonable doubt that neural networks can provide technical tools – but what problem is solved?

In its decision T 0702/20 the Board of Appeal considered an invention directed to a sparsely connected neural network, which the applicant tried to protect per se, independent of any specific technica...

AI musings

Cycling outside the computer

The decision BL O/938/22 of the UKIPO hearing officer considers the patentability of optimisation / simulation methods, the results of which have an effect outside the computer.

AI musings

Technicality: you can’t just make it up…

The recent EPO Board of Appeal decision T 0698/19, while more concerned with the field of business-driven innovation provides a handy summary of how the EPO looks at matters that are a mix of technica...

AI musings

Digital Health and AI as medical device

As part of a wider overhaul of medical device regulation in the UK, the UK government recently published a roadmap for patient-centric regulation of software, including AI, as a medical device.

AI musings

Large Language Models – a basic explainer and look at IP developments

One of the most active areas of AI currently is the field of Large Language Models (LLMs). There is also plenty of controversy regarding these models and their use.

AI musings

Artificial Intelligence in the Life Sciences – EPO patenting trends

My colleague Sarah Lau and I have recently published an article with an overview of AI and patenting strategies and issues in the life sciences.

AI musings

T1560/19 and T1561/19: black boxes and drafting lessons

With appeal cases specific to machine learning inventions still rare, it is often a good idea to look at the wider case law around mathematical methods to see what we can learn.

AI musings

Infringing AI Patents: Who’s liable, a UK perspective?

Co-authored with Toby Bond, Bird & Bird and first published by Law360. The past year has seen a steep uptake in private investment and impressive technical achievements in AI and machine learning, acc...

AI musings

T0874/19: still not technical

As in the previous decision, advantages associated with doing this were not considered technical as they were not applied to solve a technical problem / in a field of technology.

AI musings

The future of AI regulation in the UK: light-touch and pro-innovation

The UK government has published a policy paper on where it sees AI regulation heading in the UK and has put out a call for views.

AI musings

Debunking AI with a chuckle: "YOU LOOK LIKE A THING AND I LOVE YOU"

One thing that stands out for AI compared to other types of technology is the confusion and myths it has created in public discourse. AI seems like this magical thing that can solve all problems or ta...

AI musings

T 1989/17: Bump mapping math

In T 1989/17, the Board considered the technical effect of a purely mathematical distinguishing feature in the context of a computer graphics rendering algorithm (“bump mapping”).

AI musings

No artificial inventors at the EPO: detailed reasoning of the Board

Following on from the decision at the DABUS appeal hearing in December, the EPO has now issued the formal decision providing detailed reasoning.

AI musings

Response to the second AI consultation: status quo x2 and news for TDM

Last week, the UK government published its response to the second consultation on AI and IP.

AI musings

BL O/303/22 and BL O/410/22: with the right data, triggering alerts can be technical

This duo of decisions dealt with an application at the UKIPO claiming a system that would trigger alerts when a trend reversal in data was detected.

AI musings

T2681/16: is your data good enough?

The BoA decision is not concerned with AI or ML as such, it is relevant in that the decision turned on whether the claim was limited to using enough data points to be supported by the description and ...

AI musings

Cache in advance: safeguarding data

Guest post by Mark Marfe, Pinsent Masons. Development of AI systems adds a new twist to the typical considerations when licensing technology from third parties.

AI musings

Plus ca change – ML patenting on both sides of the Atlantic

More and more, the approaches on each side of the pond are getting closer to each other. One aspect of this is whether machine learning is (and should) be seen as abstract math or as a field of techno...

AI musings

Machine learning is obvious...

The latest EPO appeal case hot off the press.

AI musings

Artificial Inventors again

While there has been a lull in news stories about DABUS and the Artificial Inventor project, the appeal hearing at the Federal Court of Australia last month notwithstanding the debate has continued on...

AI musings

AI patenting across the pond, relevant also this side – IPO whitepaper

Looking across the pond, the Intellectual Property Organisation has put together a whitepaper on best practices in protecting inventions relating to AI.

AI musings

Access denied – another AI decision from the UKIPO

The UKIPO issued another decision last month that sheds some light on how the UKIPO views inventions in the AI space.

AI musings

2022 EPO Guidelines – What’s new for AI?

Like every year around this time, the EPO updates their Guidelines for Examination. The new Guidelines will come into effect on 1 April, and the EPO has made a draft preview available.

AI musings

Why is it so hard to patent AI (or is it?)

Indeed, when you look at data comparing success rates in Community Patent Classification class G06N patenting AI seems hard work.

AI musings

AI case law catch-up: (T0872/19)

This case (T0872/19) seems to have slipped the net of my case law feed until last week although the decision came down in October. I am reporting it here for AI case law aficionados, as there was lit...

AI musings

Neural networks are obvious …

Neural networks are obvious? There are of course many applications of neural networks or machine learning in general where the way neural networks are used is far from obvious.

AI musings

AI is technology (or so you would think)

AI is a field of technology – to most of us, this statement would not be controversial as reported in a recent survey by McKinsey, 55% of us said their organisation had adopted AI in at least one func...

AI musings

AI patentability & case law review 2021

This year AI case law kicked off with this England & Wales High Court appeal from a patent office decision by an individual against the refusal of their patent application by the patent office.

AI musings

AI inventors in 2021

As you will be aware from reading the musings, the DABUS saga on whether a machine can be named an inventor has taken some twists and turns this year.

AI musings

EPO case law – when the context of a technical application is not enough

The EPO guidelines for examination consider AI and ML to be abstract maths but acknowledge two routes to the all-important technical character for AI and ML features: technical implementation and tec...

AI musings

AI inventions, yet again – the UKIPO’s consultation on AI created copyright works and inventions devised by AI

With the excitement of the Court of Appeal Dabus case just settled, the UKIPO keeps AI-devised inventions in the limelight in this recently issued consultation.

AI musings

Analog neural network chips and real brains

San Francisco-based Rain Neuromorphics is developing an analogue chip for machine learning that is based on brain architecture, reports EE Times.

AI musings

Patenting implementations of AI – at least specific hardware is enough in the UK

In my last musings, I wrote about how the EPO looks at the patentability of AI inventions on the basis of their technical implementation and what the EPO case law suggests this should mean.

AI musings

Pause for thought

As this short piece discussing the second installment of the Stamford AI 100 report points out, as AI systems become more ubiquitous in predicting human behaviour, they amplify the biases and prejudic...

AI musings

AI Inventors and beyond – the Court of Appeal has spoken

The eagerly awaited judgement of the English Court of Appeal has come out this week.

AI musings

More about patenting implementations of AI - is specific hardware needed?

In a recent note, I looked at how the EPO applies (or should apply) the “technical implementation” route to the all-important technical character that can lead to the patentability of AI inventions at...

AI musings

AI Inventors and beyond – The DABUS saga

The question of AI inventorship, specifically the DABUS patent applications have received some attention: DABUS was recognised as AI inventor in South Africa and Australia. The English Court of Appeal...