The Patentability of Artificial Intelligence in Europe: A Strategic Issue for Deep Tech.
Por PONTI & PARTNERS
26 Oct 2026
Do you know one of the main misconceptions surrounding artificial intelligence and patentability?
Although AI-based inventions can be patented in Europe, incorporating an algorithm into an existing activity is not enough to obtain patent protection.
In the article available on our blog, Joaquim Ferrer, European Patent Attorney and consultant at PONTI & PARTNERS, highlights the challenge for companies: it is not about overcoming an exclusion from patentability, but rather demonstrating that the innovation they have developed provides a non-obvious technical solution.
The article explores what distinguishes a commercial AI application from a patentable technological innovation, and why this issue is particularly strategic for startups and deep tech companies.
Keep reading if you’re interested in artificial intelligence and its patentability prospects.