I’ve received quite some pushback on my last week’s email
citing an article about “the EPO’s hostility towards software and AI patent applications”.
And yes, I guess I cited the article’s key message without making my own position clear enough: I’m a big fan of how the EPO treats software patents overall.
Three main reasons:
- The conceptual framework (called the COMVIK approach) is simple and pragmatic
- There’s a huge body of case law on the question “is it technical?” for many if not most relevant domains of digital innovations, which makes patenting in Europe comparatively predictable
- The EPO is quite progressive on the question “is it technical?”
cryptography is technical (although it’s math),
- many database optimizations are technical (even when they are rather algorithmic), and
- many computer gaming aspects are technical (even when they are about presenting information).
The only facet of the article I was intending to confirm was that the EPO could be more progressive when it comes to patenting AI and machine learning-related innovations.
Other than that, I pretty much ♥ the European way of software patenting.