Medisyne Ltd

How to patent software — avoiding patentability exclusions with AI and ML

Our client Medisyne Ltd is a medical devices company that was founded by a Medical Doctor and a Computer Scientist who came up with the idea to use the principles of Artificial Intelligence (AI) and Machine Learning (ML) to generate predictions related to changes in a patient’s condition. The underlying technology relies on rules built into a device which measures the output of bodily fluids and uses changes in the output to infer a change in condition.

Case Study

Case Type

Software patent filing

Action

Avoiding patentability exclusions

Outcome

Technology funding secured

Dr Terence Broderick

By Dr Terence Broderick

Senior Patent Attorney

Issue:

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.

Action:

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.

Outcome:

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.

Need expert guidance to file a software-related patent application?

Get in touch with Terence at tsb@udl.co.uk.

029 2064 2150

Contact Form

Website by Extreme