Many European Patent Attorneys still seem to struggle with getting software patent claims right. Maybe because they are experts in drafting claims for a physical product and the corresponding manufacturing method.

But an algorithm needs a different approach. Is an algorithm a product or a process anyway?

Things get even more complicated when the invention involves artificial intelligence and machine learning. Which part of the processing pipeline can you protect? The model? The training method? The training data? The application of the model in a specific use case?

I’ve compiled my best practices from over a decade of digital patent prosecution and litigation into a free template with my preferred claim formulations.

It’s in Word, so you can directly copy and paste the template claims. You can download the template here.

Also, please tell me your feedback. Do you use different formulations or different types of claims? Is anything missing?

Foto by Erik Mclean at Pexels

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