Artificial intelligence innovations on the mathematical / algorithmic level are regularly not patentable at the European Patent Office. But their application to solving a technical problem is patentable. See here for more information.
The knowledge base includes many examples of patentable and non-patentable AI.
Not already because it is an app. It depends on what the app does. If it solves a technical problem in a non-obvious way, it can be protected with a European patent.
Here are some examples of patentable and non-patentable apps.
Every European patent has a maximum term of 20 years. The term is calculated from the filing date, not the priority date.
Absolutely!
If the claim set includes a patentable method claim, it is a best practice to also include a claim such as:
A computer program comprising instructions for implementing a method of claim <...>.
This way, the European software patent not only covers actors that actually execute the method (which are sometimes your customers), but also competitors who offer the patented software only for download. Note that there is no need for a "non-transitory computer-readable medium" or the like, as in the US.
The COMVIK approach refers to the second hurdle to software patentability.
Here, only those features in the patent claim which contribute to the solution of a technical problem are taken into account in the inventive step assessment, whereas the non-technical features are ignored.
The COMVIK approach was first introduced in the landmark decision T 0641/00 (Two identities/COMVIK).
For a more in-depth explanation, look here. The knowledge base contains many examples of patentable and unpatentable software.
Practically speaking: yes.
The patent-eligibility hurdle is extremely low at the European Patent Office. Anything that uses technical means passes the eligibility hurdle.
This means that:
This low hurdle to patent-eligibility was originally introduced in the landmark decision T 0258/03 (Auction method/HITACHI).
Yes, if the software provides a non-obvious technical contribution.
Ask yourself these control questions:
For a more in-depth explanation, look here. The knowledge base contains many examples of patentable and unpatentable software.