Beyond Best Practice

The podcast where patents and AI shape the future. Hosted by European patent attorney Bastian Best—recognized by the EPO as an AI Patent Expert—this show goes beyond conventional wisdom to explore the boundaries of software patents, and how AI transforms the patent attorney profession. Whether you're a patent attorney, an innovator, or just curious, you'll get practical insights to stay ahead of the curve.

To learn more about the exciting intersection of patents and AI, sign up for Bastian’s mailing list for exclusive insights: https://bestpatent.eu/list/

Beyond Best Practice

Latest episodes

I Tested ChatGPT and Gemini for Case Law Research

I Tested ChatGPT and Gemini for Case Law Research

14m 42s

How to draft patents with AI 👉 https://powerclaim.io/seminar/

I tested ChatGPT and Google Gemini to see if they can research patent case law without hallucinating cases that don’t exist. The results are pretty amazing! The task was to research case law on the sufficient disclosure of AI/ML inventions.

Here’s what the models came up with:
ChatGPT o1 with Deep Research: https://chatgpt.com/share/67cf85a4-3d00-8003-ba62-c384d20a8a66
Gemini 1.5 Pro with Deep Research: https://docs.google.com/document/d/1KenSqsxYNU9beKQahOL9UygCj7gGY14sBtiD9OPOtLw/edit?usp=sharing

I’m explaining even more AI use cases for patent attorneys in my flagship seminar How to Draft Patents with AI. We’ll run through a complete patent drafting project end-to-end using various cutting-edge...

Why AI Patents Get Rejected: The 2-Hurdle Test Explained

Why AI Patents Get Rejected: The 2-Hurdle Test Explained

11m 41s

I'm explaining how the European Patent Office examines AI patents using the two-hurdle approach. This is a snippet from my 3-hour masterclass on patenting AI. The full masterclass covers:
1. Which parts of an AI solution should be patented
2. How to draft strong AI patent claims
3. How to ensure an enabling disclosure in an AI patent

👉 Join the next session of the Patenting AI Masterclass: https://powerclaim.io/patenting-ai-masterclass/

MagicLeap’s Biometric Patent REVOKED! Patent Attorney Explains Why

MagicLeap’s Biometric Patent REVOKED! Patent Attorney Explains Why

24m 23s

MagicLeap just lost a patent on a biometric information sharing function in their AR headset. The EPO Board of appeal ruled that the patent covered “a mere administrative scheme” rather than a true technical advancement, leading to its complete revokation. In this video, I break down MagicLeap’s patent, the resoning behind the decision, and the lessons we can learn to navigate software patents in Europe.

Links In This Episode:
- MagicLeap’s patent: https://worldwide.espacenet.com/patent/search?q=pn%3DEP3433707B1
- The decision to revoke the patent: https://www.epo.org/en/boards-of-appeal/decisions/t230371eu1
- The EPO Guidelines about presentations of information: https://www.epo.org/en/legal/guidelines-epc/2024/g_ii_3_7.html
- The related case about data privacy vs. data security:...