Artificial Intelligence as a Challenge for European Patent Law

Although technological developments falling under the umbrella of artificial intelligence have been developing since the 1950s, only in recent times have the unique issues associated with patenting these technologies received adequate attention. The cause for this lies in an unparalleled upswing in investment, fostering a massive expansion of technological (and business) innovations. Determining which among them qualify as inventions and meet the requirements for patent protection gives rise to inquiries that frequently necessitate a scrutiny of fundamental concepts of patent law in patent registration procedures. In this paper special emphasis is placed on European patent regulations, particularly the European Patent Convention and the practices of the European Patent Office. Assessment of the impact of artificial intelligence on existing patent law entails examination of legal concepts of the inventor and a person skilled in the art, along with the essential requirements for patentability of inventions. This analysis serves as basis for further evaluation of whether the current patent law can be adapted to the newly emerging and dynamic technological environment of artificial intelligence through interpretation, or whether it is necessary to devise a new legal framework to protect the interests of participants in the creation and use of the respective category of intellectual creations.