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Exploring Issues Facing AI, Computer-Implemented, and Life Sciences Inventions in the EPO and US, including Subject Matter Eligibility and Written Description

Original Air Date: 02.10.22

The US and European panel that presented to AIPLA’s 2021 Annual Meeting have been asked to provide an updated version of their presentation as an Online Program. This will include a refreshed first look at the EPO’s February preview of its 2022 Guidelines for examination, hopefully including some clarifications of the section dealing with patentability of antibodies and a first example assessment of patentability for a technical application of artificial intelligence, and various other updates.
The panel’s goal is to review the most current issues facing practitioners on both sides of the Atlantic and consider practical solutions to try and navigate or mitigate those challenges. Andrew Bentham (JA Kemp) and Courtenay Brinckerhoff (Foley & Lardner) intend to address issues facing Innovators in the Life Sciences/Biotech areas including written description and subject matter eligibility, with Andrew focusing on the EPO and Courtenay on the USPTO. Mike Jennings (AA Thornton) and Michael Piper (Conley Rose) will jointly consider the new guidelines in the EPO and compare EPO and US Guidance Examples to assess ideas for effective specification and claim drafting for AI/ML and computer simulation and computer-implemented inventions more generally in Europe and the US.

Presented by: Andrew Bentham of JA Kemp; Courtenay Brinckerhoff of Foley & Lardner; Mike Jennings of AA Thornton; Michael Piper of Conley Rose; and moderator Aaron Johnson of Bookoff McAndrews.

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