Smart Homes: protecting AI and IoT inventions at the European Patent Office
Innovations in Artificial Intelligence and the Internet of Things are typically implemented in software and so can be challenging to patent at the European Patent Office. Firstly, patent protection for the invention must not be ruled out by the “software as such” exclusion of Article 52 EPC, and the invention must therefore solve a notional “technical problem”. Secondly, it must be possible to reduce an often complicated inventive concept to a single paragraph of text that can act as a patent claim. By way of illustration, this article looks at the patented smart home technology behind Nest Lab’s (“Nest”) learning thermostat, and explores how innovative start-ups can effectively protect their inventions.