Patent-Eligible Invention Requirement Under the European Patent Convention and its Implications on Creations Involving Artificial Intelligence

Artificial Intelligence and its subfield, Machine Learning are areas of computer science; thus, they rely on algorithms, models, computer programs and software applicable in numerous areas. Since respective creations involve resources and shift from hardware to software, there is an incentive to pro...

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Bibliographic Details
Published inMasaryk University journal of law and technology Vol. 17; no. 2; pp. 249 - 279
Main Author Rudzite-Celmina, Liva
Format Journal Article
LanguageEnglish
Published Masarykova univerzita nakladatelství 30.09.2023
Masaryk University Press
Subjects
Civil Law
Commercial Law
EU-Legislation
International Law
Patent
Invention
Artificial Intelligence
Certification
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Summary:Artificial Intelligence and its subfield, Machine Learning are areas of computer science; thus, they rely on algorithms, models, computer programs and software applicable in numerous areas. Since respective creations involve resources and shift from hardware to software, there is an incentive to protect them legally. Due to their dual nature, the algorithms, models, computer programs, and software might be too “technical” to avail copyright protection but not “technical” enough for a patent. Whereas trade secret protection might not be sufficient means of protection in all cases.The article explores the issues and, as its main argument, builds further on the academic proposals on the sui generis mechanism. It also suggests certification as the potential approach to avail the desired protection instead of diluting the existing protection frameworks. An alternative would be to lie on the complete availability or trade secret protection, none of which would be an adequate balance.
ISSN:1802-5943
1802-5951
DOI:10.5817/MUJLT2023-2-4