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‘Artificial Intelligence: can you protect this with a patent? Where to patent: Europe and/or US? What do you need to know?

In the new version of the Guidelines for Examination that the European Patent Office released in November 2018, the European Patent Office has added a section specifically describing patentability of Artificial Intelligence (AI) and machine learning inventions.

The European Patent Convention specifies that computer programs as such are not patentable. To the layman it may seem that he would not be able to patent his computer-implemented invention in Europe. However, due the use of the word “as such”, this exclusion is not as restrictive as it may seem and still allows many computer-implemented inventions to be patented. On the other hand, this does not mean that any computer-implemented invention can be patented in Europe. Unfortunately, determining which computer-implemented invention can be patented, and which cannot, is not trivial.

In contrast, the US Patent and Trademark Office (USPTO), and the US court system, have long upheld the patentability of software as such. However recent changes to US regulations and the interpretation of the law by US courts have made the boundaries of patentability for software inventions very unclear.

On this day we will be discussing  the current possibilities for patenting AI inventions in Europe and the US. Which AI inventions are patentable and how should they be patented? What are the practical consequences of the approach used by the European Patent Office for assessing patentability of AI inventions?

Date & Time: 31 Jan. 2019. 15:00 - 18:00


  • Erik van Breusegem (SIMON)

Erik supports and guides companies in the field of artificial intelligence (AI), disruption, strategy and the latest revenue models. Being SIMON - a friend of ISAAC 's managing director, he builds prototypes and practical applications which are rapidly deployable. Erik holds a Phd in Computer Science from the University of Gent, and an experienced start-up entrepreneur.


  • Patrick Busch (De Vries & Metman patent attorneys)

Patrick has extensive experience as a patent attorney working in industry. He is also one of only few European patent attorneys with a Master of Science degree in computer science. His field of expertise is software and digital technologies, including telecommunications, Internet, multimedia, information technology and user interfaces.

  • Dvorah Graeser (KISSPatents)

Dvorah is a US Patent Agent with over 21 years of experience. She believes that innovation protection should be affordable and available to all entrepreneurs. She is joined by patent attorneys who are experienced in engineering, software, and life sciences.

Who should attend?

  • Companies that are using technologies like AI, machine learning and deep learning
  • Students interested in IP aspects of AI, machine learning and deep learning
  • Others interested in AI, machine learning and deep learning and possibilities to use this in a commercial company



Non-members:first time attending Brainport Techlaw events is free, after that € 75,- per event.