New 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 webinar with Q&A

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Conducted on Tuesday, January 8, 2019

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Course Materials

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 new guidelines from the European Patent Office (EPO) and compare the EU approach with the U.S. approach.


ML is increasingly important and is at work in many things used today, from internet searches to navigating traffic. Inventions in the field of ML pose challenges for patent practitioners seeking patent protection. The EPO issued guidance on the patentability of AI and ML technologies, which became effective on Nov. 1, 2018.

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.

Counsel needs to understand both the EU approach as well as the U.S. approach to make the most of the patent protection available for AI and ML technologies.

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. New 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?
  • How does the EPO treat patent applications for AI and ML technologies differently than the USPTO?
  • 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?


Carrano, Aliza
Aliza G. Carrano

Finnegan Henderson Farabow Garrett & Dunner

Ms. Carrano is a registered patent attorney, focusing her practice on complex patent litigation before the U.S....  |  Read More

Tull, Susan
Susan Y. Tull

Ms. Tull, a seasoned patent trial lawyer, represents clients across a range of technologies in all phases and forums of...  |  Read More

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