Bastian Best's daily mailing list

By Bastian Best

I write a short daily email with practical tips on how to make sense of patents in the digital transformation.

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The Billion Dollar Code

It's quite rare that patents become a topic on mainstream media, so I was happy to learn about The Billion Dollar Code on Netflix.Part of the mini series revolves around the patent infringement dispute brought by TreeaVision against Google, alleging TerraVisi…


Does the technical effect need to be "proven", or just "plausible"?

Martin Wilming recently shared an EPO decision the catchword of which troubles me a bit:


What if you can't explain the AI? #askbastian

If you wanted to patent the shape of an airplane fuselage generated by an AI system, what kind of justification would you need to give for that particular choice of geometry? Do you need to be able to explain why the AI system came to that particular output?I…


Ask me anything #askbastian

I was recording some #askbastian videos today (the next one will be on YouTube tomorrow) and just wanted to say thanks for all the great questions! 🙏If you have a question about patents for the digital future, hit reply and ask away.


Link tip: PatentNext

If you're interested in patenting software inventions in the U.S., definitely check out PatentNext, a blog by Marshall Gerstein's Ryan N. Phelan about patent and IP law focusing on next-generation and new age technologies:


Which parts of an AI system would you want to patent? #askbastian

The question came up last week in my workshop on Patenting AI for a group of Swiss TTO managers.So, let me define what I mean by AI, ML, and which parts of such a system might be worth patenting:


Recommended reading: Drafting AI patent applications for success at the EPO – eligibility and claim formulation

Haseltine Lake Kempner’s Kimberley Bayliss does a great job explaining how to draft claims for different types of AI innovations:


My first "reaction" video: Software Patent Review

I very much enjoy a good reaction video on YouTube, so I thought it might be entertaining (and helpful as well) to make something similar for the patent community.So here it is: My first Software Patent Review, in which we walk through a real digital patent t…


Quo vadis EPO? Have your say!

I feel blessed to have been invited to speak at the VPP-Herbstfachtagung 2021 in Bonn later this month. The topic of my talk will be "How the EPO examines software patents".One of the speakers before my slot will be Fritz Blumer, legal member of the EPO Board…


Are you a gadget addict, too?

After 1.5 years of video conferencing I think my setup is slowly coming together (yes, I'm a gadget addict🙋‍♂️).I'm looking forward to today's 3 hour workshop on patenting AI for an awesome group of technology transfer managers. I'll be sharing all I know abo…


400 YouTube subscribers 🤩

Sorry for the blatant self-praise, but yesterday I crossed the 400 subscriber mark on YouTube. It's amazing to me how 400 people can be interested in the niche-within-the-niche topic I'm talking about in my videos.Anyway, in case you haven't already, now woul…


Panel "New Frontiers: AI and Data Economy" at the LES Pan-European Conference

If you're a fellow LES member, don't miss the panel on "New Frontiers: AI and Data Economy" at the Pan-European Conference today at 9:50 CET. I (as the moderator) am very much looking forward to learn a lot from the two awesome panelists: Ulrike Till (Directo…


IP management for the digital future

I regularly speak with IP managers who have a hard time adapting their company's IP strategy to the digital transformation. If you know the feeling, I recommend you have a look at all the high-value content on IP Business Academy, the global IP management pla…


AI and data (panel discussion)

This Wednesday I'll be moderating a panel at the (virtual) LES Pan-European Conference. The topic will be "New Frontiers: AI and Data Economy" and I have the pleasure to speak with two absolute experts: Ulrike Till (Director IP and Frontier Technologies Divis…


Are software patents evil? #askbastian

If you've been following me for some time, you'll probably guess my answer:


US-style AI patent claim drafting tips

I came across an interesting article by DLA Piper's Joseph Wolfe titled "Claim drafting strategies for artificial intelligence innovations". The article mostly addresses patent-eligibility issues with AI inventions in the US. What caught my attention was that…


Patents for the digital future (presentation slides in German)

I recently had the pleasure to speak about my favorite topic in front of 50 attorneys-at-law (online) at the 11th NRW IT-Rechtstag 2021.Meanwhile, I uploaded the slide deck to Slideshare (it's in German):


The modern problem-solution approach

Anyone familiar with European patent prosecution will know that the problem-solution approach is the EPO's preferred way to argue inventive step, or a lack thereof.Conceptually, the problem-solution approach consists of three steps: (i) determining the "close…


Does a software patent claim protect the hardware?

Great question I received in response to my #askbastian enquery last Friday. So, in today's short video I explain the different infringing acts for the different claim categories, and how to draft your claims to take advantage of each of them:


Ask me anything

Nothing special to report today, since I'm busy with conference life :) So, in the meantime:What's your burning question about patents for digital innovations?Hit reply and ask away.