BRAZIL ISSUES DRAFT GUIDELINES ON AI-RELATED PATENTS
The Brazilian PTO (BRPTO) has released for public consultation its Draft Guidelines for Patent Examination of AI-Related Inventions. The initiative addresses the rising number of AI filings in Brazil and provides clarity on how such inventions will be examined. Comments are due October 17. The draft is established around the following pillars:
- Exclusions: Mathematical models, algorithms, statistical methods, business methods, and computer programs “as such” remain outside patentability. Inventions autonomously generated by AI are also excluded, as inventorship must always be attributed to a natural person.
- Sufficiency of disclosure: Specifications must provide enough detail for reproduction, including datasets, model architecture, parameters, and how AI interacts with technical components. Vague references such as “trained with historical data” will not suffice.
- Claims drafting: Claims cannot be directed solely to an AI model or training method. They must clearly define the technical application of AI (e.g., “method for facial recognition using a neural network”).
- Non-obviousness: Routine automation, substitution of models, or parameter adjustments will not confer non-obviousness. By contrast, non-obviousness may be recognized when AI delivers unexpected technical effects, such as adaptive real-time control or feedback loops in industrial processes.
Thank you to Latin American Practice Committee (LAP) Co-Vice Chair ROB RODRIGUES (RNA Law) for this update. The IPO AI, Data, & New Emerging Technologies (AI/NET) Committee and the LAP Committee will be reviewing the draft guidelines for potential IPO comments. If you are interested in participating in this review, please contact AI/NET Committee Secretary Ed Ryan.
IPO ANNUAL MEETING OPENING SESSION
Register for IPO’s Annual Meeting, September 7-9, and attend the opening session beginning at 4:30pm on Sunday, Sept. 7. The opening session will feature:
- Outstanding Committee of the Year Award,
- Carl B. Horton Distinguished Service Award,
- Keynote Presentation by Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the U.S. Patent & Trademark Office COKE STEWART, and
- The annual U.S. Case Law Update panel presentation by PAUL BERGHOFF (McDonnell Boehnen Hulbert & Berghoff LLP), COREY SALSBERG (Novartis), and CHRIS WEIMER (Pirkey Barber PLLC).
IPO ANNUAL MEETING SESSION: APPROACHES TO AI STANDARDIZATION IN THE U.S. AND ABROAD
AI standards have been in development in several countries. However, the foundation for AI standards (e.g., technology principles, frameworks, etc.) is also in development, which gives challenges for the standard development. Register for IPO’s Annual Meeting, September 7-9, and attend a session on “Approaches to AI Standardization in the U.S. and Abroad,” organized by IPO’s Software Related Inventions and Standard Setting Committees. Speakers include RAZVAN AMIRONESEI (National Institute of Standard and Technology), DAN CHOI (Microsoft Corporation), PAUL RAGUSA (Baker Botts LLP), KAVEH RASHI-YAZD (Eaton Corporation), and PETER THORNILEY (Venner Shipley). They will discuss the foundation for establishing standards, trends in AI standards across different countries, and impacts of these AI standard trends. The discussion will be moderated by CHRISTINA HUANG (Faegre Drinker Biddle & Reath LLP). Visit the website for additional information and to register.
NEW IPO LAW JOURNAL ARTICLE
The IPO Law Journal has a new article entitled “Firsthand Experiences in UPC Revocation Proceedings.” The white paper was authored jointly by STEFAN GOLKOWSKY and UWE SCHRIEK, both of European IP Law Firm PFENNING. You can find the white paper on the IPO Law Journal. To submit an article for the Law Journal, email articles@ipo.org.