All episodes

AI patents are literally everywhere. It’s funny that every time I look up AI-related patent filings for one of my clients you can bet that we see a quasi-exponential growth trajectory. Listen to the episode for examples.

Question to you: How is the AI patent growth rate in your industry? Please write your industry in the comments so we can have a look at the numbers.

Links to the articles cited in the video (must read):
USPTO statistics in Ryan Phelan’s PatentNext blog: https://www.patentnext.com/2022/05/artificial-intelligence-ai-patent-filings-continue-explosive-growth-trend-at-the-uspto/
EPO statistics at Haseltine: https://www.hlk-ip.com/news-and-insights/from-filing-to-opposition-what-are-the-statistics-on-artificial-intelligence-ai-patents-applications-at-the-epo/

Book a free virtual coffee meeting with me: https://bestpatent.eu/

“How to claim the AI before it self-adapted?”, especially when you don’t know how the AI adapted itself to the problem domain? This comment by Eric Stasik on yesterday’s content piece got me thinking. Here’s what I think about patenting blackbox AI.

Book a free virtual coffee meeting with me: https://bestpatent.eu/

I believe patent law needs more flowcharts, so here’s one to explain AI/ML patents in Europe. I know it doesn’t answer the question “which aspects of AI are technical then?”. Would you like to see another video for that?

Book a free virtual coffee meeting with me: https://bestpatent.eu/

"But software isn't patentable, is it?". That's actually a dangerous misconception. Maybe one source of confusion is the statement in the EPO guidelines that computer programs are excluded from patentability "if claimed as such". In the video I'm explaining what that actually means.

Thanks to Christian Winkler for the great comment!

Further reading: https://www.epo.org/law-practice/legal-texts/html/guidelines/e/g_ii_3_6.htm

Book a free virtual coffee meeting with me: https://bestpatent.eu/

Here's one massive flaw in many digital patents, and how you can make it better.

Question to you: Is there any good reason for drafting a digital patent without a computer program claim? Please let me know in the comments.

Book a free virtual coffee meeting with me: https://bestpatent.eu/

I'm restarting this podcast by sharing everything I know about digital patents in small snackable pieces, because that’s my mission: To help IP professionals file better digital patents.

There will be no regular upload schedule, so make sure you subscribe. And also follow me on LinkedIn for the latest news.

Book a free virtual coffee meeting with me: https://bestpatent.eu/

I was invited to speak about "Patents for AI inventions in Europe" at the 6th International Conference "Protection of Intellectual Property Rights" in St. Petersburg (Russia). Here's a recording of my talk. You'll learn about the status quo of how the EPO examines computer-implemented inventions (CIIs) that involve artificial intelligence, machine learning, deep learning and related concepts, and some useful tips for better AI patent drafting.
Links mentioned in this episode:

Conference website: https://bwforum.ru/conference/intellectual-property2021
My brand new website: https://bastianbest.de/

👉 VIDEO version on YouTube: https://www.youtube.com/bastianbest
_________________________
THE BEST PRACTICE PODCAST
The future is digital, but the European patent system was...

Last week, the Enlarged Board of Appeal finally published its long-awaited decision G1/19 about the patentability of computer simulations. Does it revolutionize the patentability of computer simulations and patents for software in general, as some had hoped? Or is it rather a controlled evolution of the EPO's framework for computer-implemented inventions? 
To find out I talked to a number of great experts in the field:

Rudolf Teschemacher: https://www.bardehle.com/en/team/teschemacher-rudolf
Martin Wilming: https://www.linkedin.com/in/mwilming/
Martin Huynh: https://www.linkedin.com/in/martin-huynh-455ab57/
Martin Schweiger: https://www.linkedin.com/in/martin-schweiger/
Christof Karl: https://www.linkedin.com/in/christof-karl-1a129320/

Many thanks to everyone for contributing!
Link to the whole decision G1/19: https://www.epo.org/law-practice/case-law-appeals/recent/g190001ex1.html
Watch the video version on YouTube 👉...

An invention has to be novel to be patentable. But does any difference over the prior art do the job (e.g. a purely aesthetic one) or does it have to be technically relevant? 
This is a recorded Clubhouse event I hosted with my colleague Patrick Heckeler 👉 https://www.linkedin.com/in/dr-patrick-heckeler/  
Shout-outs go to the panelists who spontaneously made great contributions:
Martin Wilming 👉 https://www.linkedin.com/in/mwilming/
Barış Atalay 👉 https://www.linkedin.com/in/bar%C4%B1%C5%9F-atalay-86a14a22/
Preston Richard 👉 https://www.linkedin.com/in/prestonrichard/
Next European Software Patents Talk on clubhouse: https://www.joinclubhouse.com/event/mJzA6Rzo
Watch the video version on YouTube 👉 https://bastianbest.org/podcast

_______________________________
LINKS MENTIONED IN THIS EPISODE
Article "Checking whether a resource is likely...

What types of inventions in database technology are patentable in Europe? The EPO guidelines will be updated on 1 March 2021 with a new section specifically on database management systems and information retrieval. In this episode I will walk you through the final draft of the new section to see how clear the guidance is.
Watch the video version on YouTube 👉 https://bastianbest.org/podcast
_______________________________
LINKS MENTIONED IN THIS EPISODE
G-II, 3.6.4 "Database management systems and information retrieval" (Unedited English version for advance information): https://www.epo.org/law-practice/legal-texts/guidelines/guidelines-preview.html
The two BOA decisions cited in the new section:
T 1924/17: https://www.bardehle.com/europeansoftwarepatents/knowledge-base/using-a-nosql-data-store-and-an-rdbms-to-provide-performance-improvement-in-a-database-system-technical/
T 697/17: https://www.bardehle.com/europeansoftwarepatents/knowledge-base/sql-language-extensions-for-modifying-columns-in-a-single-statement-technical/
____________________________________________...