Bremen, 28 September, 2025 – Artificial intelligence (AI) is no longer just a vision of the future; it is already shaping the innovation landscape across almost all industries. Whether high-precision diagnostic systems in healthcare, autonomous vehicles, or intelligent automation solutions in manufacturing – AI technologies today often form the core of groundbreaking products. But this rapid wave of innovation raises complex questions about patent protection. Most notably: When is an AI invention technical enough to be patentable at all?
Patent Protection and Technical Contribution: A Balancing Act
The European Patent Office (EPO) makes it clear: an AI invention can only be protected if it demonstrably solves a technical problem. Pure algorithms or mathematical models used in abstract scenarios do not meet this requirement. Only when the invention is directly linked to a technical purpose – for example, the use of neural networks to detect heart arrhythmias or to process image and audio data – does it become patent-eligible.
This principle is especially relevant for companies aiming to protect their AI technologies. “It’s not enough for an algorithm to be clever – it has to generate real technical value in the physical world,” says a patent law expert at V.O. Patents & Trademarks.
Technical Effect and the COMVIK Approach
Not every AI development meets these criteria. Especially those approaches that aim purely at abstract cognitive processes or economic predictions are not eligible for protection. The EPO applies the so-called COMVIK approach to assess whether an innovation provides a clearly demonstrable technical effect. Only the technical features of an invention are taken into account in this evaluation.
For example, a model that classifies documents based on their content is not patentable by default. Only when that classification is part of a technical implementation – for instance, improving data processing speed on hardware – can it be said to deliver a technical effect.
Concrete Application and Reproducibility Required
The EPO has raised the bar significantly in recent years. Merely mentioning the use of AI is no longer sufficient – the patent application must describe in detail how the AI is integrated, what contribution it makes to a better technology, and how that effect can be reproduced. As a result, companies must document their AI methods and training data with much greater precision.
“Anyone seeking patent protection for AI must open the black box,” summarizes one industry expert. Without clear substantiation, the application risks being rejected.
Europe vs. USA: Diverging Perspectives
Compared to the U.S. Patent and Trademark Office (USPTO), the EPO takes a stricter stance. While the USPTO focuses more on practical applicability and economic benefit, the EPO places greater emphasis on the technical nature of the invention. These differences make it essential for companies with international ambitions to align their filing strategies early to accommodate both systems.
Gweb by Genese: Efficient IP Management in Practice
The complexity of international patent systems demands modern tools that not only save time but also minimize potential errors. Gweb by Genese
offers significant added value here. As a web-based IP management solution, Gweb enables seamless administration of intellectual property rights – from data capture and deadline tracking to direct interfaces with European trademark and patent offices.
Compared to many U.S.-based IP tools, Gweb excels through practical integration, user-friendly interface, and workflows tailored to European legal standards. Law firms and companies aiming to secure their innovation processes effectively benefit greatly from this proven, user-centric platform.
Conclusion: Technical Clarity and Digital Support Are the Key
The future of AI patents depends not only on clever algorithms but on their demonstrable technical effect. Companies seeking to protect their inventions must document them clearly and ensure reproducibility. At the same time, professional management of intellectual property rights is becoming ever more critical – and Gweb by Genese is setting new benchmarks in this space.
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