Software is notoriously difficult to protect in Europe. It requires specialist input to ensure that patent applications are prepared with the legal framework in mind. This is particularly relevant where AI and ML are involved as they are essentially mathematical methods. Computer programs and mathematical methods are, in some circumstances, explicitly excluded from patentability in Europe, so applications must be prepared by an attorney with experience in these fields to give them the best chance to progress.
With a wealth of experience in software, healthcare technology and mathematical methods, our expert Terence Broderick ensured that Medisyne’s patent applications were prepared with these exclusions in mind, focusing on the technical features of the software and how the application of the mathematical methods that underpin AI and ML provided a technical advantage over other systems in the prior art.
As we’ve discussed in articles covering ‘Can you patent software?’ and ‘Protecting inventions which use Machine Learning and Artificial Intelligence’, specific questions must be answered when such cases are prosecuted. From the very start, we ensured that the patent applications could be focused on the most important issues to provide the invention with the best chance of grant.
Safeguarded and supported by its submitted patent applications, Medisyne was able to seek and secure funding to press ahead with the production and development of its technology. The careful drafting of the applications meant that they have avoided the patentability exceptions which could be expected when prosecuting patent applications of this type.
The invention set out in Medisyne’s patent applications addressed the necessary key patentability questions, as it benefitted the wider healthcare environment and applied abstract techniques to improving the care of patients.