The European Patent Office has just published a new version of its Examination Guidelines, with a new section specially dedicated to AI (Artificial Intelligence).
The fact that this area of innovation is closely linked to programming means that, initially, Artificial Intelligence inventions are considered a mathematical method or computer program excluded from patentability. However, it is the dual character of the AI that does not rule out its protection as a patent in those cases where there is an associated technical effect that serves or is directed to a technical purpose and, in addition, has a sufficient level of inventive step.
The delimitation of technical characteristics with respect to non-technical ones will be a key element to qualify inventions in this field as patentable. And here the ability of the IA application to provide an additional technical effect to that which usually occurs between the software and the physical element or hardware will be decisive
