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"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
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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

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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
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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/
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Basic groundwork today. We're going through 10 EPO Board of Appeal decisions which relate to AI inventions. Topics include technical character, clarity, obviousness and sufficiency of disclosure.
Watch the video version on YouTube 👉 https://bastianbest.org/podcast
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LINKS MENTIONED IN THIS EPISODE
1. T 1942/07 of 11.4.2011 https://www.epo.org/law-practice/case-law-appeals/recent/t071942du1.html
2. T 1355/08 of 11.6.2012 https://www.epo.org/law-practice/case-law-appeals/recent/t081355eu1.html
3. T 1784/06 (Classification method/COMPTEL) of 21.9.2012 https://www.bardehle.com/europeansoftwarepatents/knowledge-base/method-for-classification-and-linking-data-records/
4. T 1510/10 (Ranking of live web applications/ERICSSON) of 4.12.2013 https://www.epo.org/law-practice/case-law-appeals/recent/t101510eu1.html
5. T 1285/10 (Genetic analysis computing system/IRIS BIOTECHNOLOGIES) of 23.5.2014 https://www.epo.org/law-practice/case-law-appeals/recent/t101285eu1.html
6. T 1358/09 (Classification/BDGB ENTERPRISE SOFTWARE) of 21.11.2014 https://www.bardehle.com/europeansoftwarepatents/knowledge-base/classification-of-text-documents/
7. T 1286/09 (Image classifier/INTELLECTUAL VENTURES) of 11.6.2015...

Welcome to the very first episode of the podcast! As we go through the section on AI and machine learning in the examination guidelines, I'll tell you why the EPO's current approach is too restrictive when it comes to patenting AI innovations. At the end of the episode, I'm sharing my best tips for how to draft AI patent applications so that they fulfill what’s in the guidelines.
👉 Watch this episode on YouTube 
LINKS MENTIONED IN THIS EPISODE
▶ The Guidelines for Examination in the European Patent Office
▶ Section 3.3.1 "Artificial intelligence and machine learning" 
▶ Software patent...