Unlocking the Unknown: Exploring AI Patents, Inventive Step With Cases and Recent Developments
Abstract
Artificial intelligence is reshaping the field of patent law in transformative ways, particularly when it comes to the concept of inventive step. For instance, for a patent to be granted, the invention must demonstrate an inventive step, which will be explored here (German Patent Act, § 4; European Patent Convention, art. 56(1)). Furthermore, as artificial intelligence (AI) becomes increasingly involved in technological advancements, figuring out how to apply this criterion to AI patents is becoming more complex. This study looks into the challenges of defining what counts as an inventive step in AI-related inventions and evaluates whether current patent standards can effectively address the nuances of AI technology, as well as other arguments about AI patents.
By examining recent case law and guidelines from patent offices, this paper highlights key issues related to the disclosure requirements and the technical contributions of AI innovations. It emphasizes that to meet the inventive step requirement, patent applications need to include detailed explanations of AI methods, such as the algorithms used, the training data involved, and the technical impact these innovations have.
The study concludes that future patent systems should balance promoting innovation with maintaining legal clarity to ensure that patents are granted only for truly groundbreaking technological advancements.
