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EU Guidelines for Patenting AI and Machine Learning Technologies: Comparison With U.S. Approach

Navigating EPO and USPTO Rules to Maximize Patent Protection

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Thursday, October 5, 2023

Recorded event now available

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This CLE course will guide patent practitioners in overcoming the challenges when seeking patent protection for artificial intelligence (AI) or machine learning (ML) inventions. The panel will examine the guidelines from the European Patent Office (EPO) and compare the EU approach with the U.S. approach.


AI and ML technologies pose challenges for practitioners seeking patent protection. The EPO's latest changes to the Guidelines for Examination became effective in 2022. The 2022 Guidelines include substantial updates on how computer-implemented inventions will be handled.

Under the European system, the claimed subject matter must have a technical character as a whole. Where a classification method serves the functional purpose, the steps of generating the training set and training the classifier may contribute to the technical character of the invention if they support achieving that purpose. The new guidelines help to evaluate whether inventions relating to AI have the necessary technical nature.

While there is some overlap between the EPO and U.S. approaches, it is critical for counsel to consider the differences in order to be in the best possible position to obtain patent protection for AI and ML technologies in both jurisdictions.

Listen as our authoritative panel of patent attorneys examines the new EU guidelines and its impact on a company's AI strategy. The panel will discuss the EU guidelines and compare the EU approach with what the USPTO is doing. The panel will also offer best practices for navigating the EU and U.S. patent systems to maximize protection for AI/ML.



  1. EU guidelines on patentability of AI and ML technologies
  2. Comparison of EU and U.S. approaches to AI and ML patentability
  3. Best practices for maximizing IP protection for AI/ML technologies


The panel will review these and other relevant issues:

  • What are the hurdles for patent counsel to demonstrate an AI invention to be patentable in the EU and the U.S.?
  • How do the EPO and USPTO treat patent applications for AI and ML technologies differently?
  • What best practices can patent counsel employ to maximize patent protection for AI and ML technologies?
  • What are the data rights and privacy concerns that patent counsel should be aware of related to AI and ML technologies?


Day, Caroline
Caroline Day

Haseltine Lake Kempner

As a speaker at a variety of high-profile seminars and author of numerous articles, Ms. Day is a leading expert in the...  |  Read More

Vergara, James R.
James Vergara

Barnes & Thornburg

Mr. Vergara is experienced in preparing patent applications and providing strategic insight for a variety of software...  |  Read More

Zoltick, Martin
Martin Zoltick

Rothwell, Figg, Ernst & Manbeck

Mr. Zoltick is an experienced patent prosecutor, a seasoned litigator, a skilled negotiator, an IP strategist, a...  |  Read More

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