Martin Zoltick at Strafford CLE Webinar on Comparison of EU and U.S. Guidelines for Patenting AI and Machine Learning Technologies

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 | 1:00 pm - 2:30 pm EDT / 10:00 am - 11:30 am PDT

Partner Martin Zoltick ("Marty") will be a co-presenter at a Strafford CLE webinar taking place on Thursday, October 5, 2023, at 1:00 - 2:30 pm EDT. The webinar, titled "EU Guidelines for Patenting AI and Machine Learning Technologies: Comparison with U.S. Approach" will be a live 90-minute CLE video webinar followed by an interactive Q&A.

This CLE course will guide patent practitioners in overcoming the challenges when seeking patent protection for artificial intelligence (AI) or machine learning (ML) inventions. Marty and his co-panelists will examine the guidelines from the European Patent Office (EPO) and compare the EU approach with the U.S. approach.


AI and ML technologies pose challenges for practitioners seeking patent protection. The EPO's latest changes to the Guidelines for Examination became effective in 2022. The 2022 Guidelines include substantial updates on how computer-implemented inventions will be handled.

Under the European system, the claimed subject matter must have a technical character as a whole. Where a classification method serves the functional purpose, the steps of generating the training set and training the classifier may contribute to the technical character of the invention if they support achieving that purpose. The new guidelines help to evaluate whether inventions relating to AI have the necessary technical nature.

While there is some overlap between the EPO and U.S. approaches, it is critical for counsel to consider the differences in order to be in the best possible position to obtain patent protection for AI and ML technologies in both jurisdictions.

Marty and co-panelists will examine the new EU guidelines and its impact on a company's AI strategy. The panel will discuss the EU guidelines and compare the EU approach with what the USPTO is doing. The panel will also offer best practices for navigating the EU and U.S. patent systems to maximize protection for AI/ML.

To learn more about the CLE webinar, and to register, please visit the event page on the Strafford website.

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