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Abstract

<jats:p>The present paper is focused on the patentability of artificial intelligence (AI) in accordance with the provisions set out in the European Patent Convention (EPC).The requirements for the granting of a patent are the same as for every other invention: that the invention be novel, that it evidencing inventive step and that it be industrially applicable. Furthermore, given that mathematical methods and computer programs are not generally patentable, an AI-implemented invention must possess a technical character. That is to say, it must be capable of solving a technical problem with effects that extend beyond mere computer implementation.Insufficient details on neural network training have the potential to result in the rejection of the patent application on the grounds of a lack of sufficiency of disclosure and/or inventive step.A computational model, regarded as a 'black box' due to a paucity of details concerning its practical implementation, is deemed unpatentable on the grounds that it lacks both a technical teaching and an undue burden is imposed on a person skilled in the art when attempting to implement the model.</jats:p>

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Keywords

patent invention technical inventive computer

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