CategoryPatenting AI

Patenting AI, software, and the digital future.

AI patents in Europe: grant rate rising, but still below average

If you’re a numbers person, you will love Haseltine Lake Kemper’s recent article From Filing to Opposition: What are the Statistics on Artificial Intelligence (AI) – Patents & Applications at the EPO. The author Frances Wilding...

Can an AI be an inventor?

Or is the real question: Should an AI be an inventor? Maiwald’s Simon Lud argues that artificial intelligence systems should be granted legal personality. I’m leaning towards a different approach: I very much enjoyed Beat Weibel‘s...

Software patent without a device as carrier?

This question comes up frequently at manufacturing companies when they tap into machine learning and digitalization. The good news is: In Europe you can patent just the software part without a physical carrier, as I explain in my latest #askbastian...

No patents for computer games? Look closely!

Did you know that Clash of Clans and Hay Day generated €2 million in revenue a day in 2013 for Finnish mobile game development company Supercell? And would you have thought that Supercell has 180+ published patent documents? I’ve looked...

Software patent claim wording – how critical is it?

“How important is it for the technicality assessment to have exact formulations in software patent applications?” Great question by Wieland Reis on YouTube. Here’s my answer: What’s your burning question about digital patents? Tell...

How to draft the claims in an algorithm patent (with free template)

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...

The 5 layers of value creation for IoT business models

How come that two companies with the same target use case can have fundamentally different patent portfolio strategies? In this video, Prof. Alexander Wurzer explains a useful layer model to understand how companies can create value in Internet of...

Which countries are most favorable towards digital patents?

There is no global patent, so patents are ultimately subject to national jurisdictions. Different patent offices have different legal provisions and different case law. From my European perspective, I’d say the EPO has a very stable...

How to debunk a bad digital patent attorney

How can I tell whether my outside patent attorney is competent for digital patents? The question came up during a conversation I had the other day with an in-house patent attorney in a large German corporation in the chemical industry. Here are some...