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I ♥ the European way of software patenting

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:
  1. The conceptual framework (called the COMVIK approach) is simple and pragmatic
  2. 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
  3. The EPO is quite progressive on the question “is it technical?”
For example,
  • 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.
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Bastian Best

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Bastian Best, Teuchertstr. 2b, DE-81829 München,