Bremen, July 30, 2025 – Artificial intelligence (AI) is no longer just a vision of the future; it is already shaping innovation across almost every industry. From high-precision diagnostic systems in healthcare and autonomous vehicles to intelligent automation in manufacturing – AI technologies often form the core of groundbreaking products.
But with this rapid wave of innovation comes a big question:
When is an AI invention “technical enough” to be patentable?
Patent Protection and Technical Contribution: A Balancing Act
The European Patent Office (EPO) is clear:
An AI invention is only patentable if it demonstrably solves a technical problem.
Pure algorithms or mathematical models on their own don’t meet this requirement. The invention must be directly linked to a technical purpose – for example:
- Detecting heart arrhythmias using neural networks
- Processing image or audio data in innovative ways
Simply being “clever” is not enough; it must create real technical value in the physical world.
“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
The EPO uses the COMVIK approach to determine whether an invention demonstrates a clear technical effect.
Examples:
- Not patentable by default: A model classifying documents based on content (abstract process)
- Patentable: The same model optimizing data processing speed on hardware, delivering a measurable technical improvement
This means only technical features are considered when deciding patent eligibility.
Concrete Application and Reproducibility
The EPO now demands more than just mentioning AI.
Patent applications must clearly describe:
**
- How the AI is integrated
- What technical contribution it delivers
- How that effect can be reproduced **
“Anyone seeking patent protection for AI must open the black box,”
notes an industry expert.
Without precise documentation of AI methods and training data, applications risk rejection.
Europe vs USA: Different Perspectives
- USPTO (USA): Focuses on practical applicability and economic benefit
- EPO (Europe): Focuses on technical nature and clear technical contribution
For globally ambitious companies, aligning filing strategies to meet both systems is crucial.
Gweb by @genese: Revolutionizing IP Management
Managing intellectual property across international systems is complex and error-prone.
This is where Gweb by @genese comes in.
Key Features:
- Web-based IP management
- Easy data capture and deadline tracking
- Seamless integration with European trademark and patent offices
- User-friendly workflows tailored to European legal standards
Compared to many U.S.-centric IP tools, Gweb stands out for its** practical integration** and user-centric design, making it ideal for law firms and companies securing their innovation processes.
Conclusion
The future of AI patents depends on two things:
- Technical clarity & reproducibility of inventions
- Efficient IP management for complex, global filing strategies
With Gweb by @genese, businesses can navigate these challenges effortlessly and set a new benchmark in digital IP management.