Decoding EPO Case Law: Decisions for Artificial Intelligence and Machine Learning

Decoding EPO Case Law is a unique and incisive book authored by Dr. Baldus—a renowned patent attorney and leading authority on patent law relating to inventions based on, or that incorporate, artificial intelligence (AI)—that dissects the most critical and controversial European rulings that currently shape the AI patent landscape. In a series of critical commentaries, he rigorously analyses the logical architectures underlying the appellate decisions of the European Patent Office (EPO) that now have established a robust yet highly complex body of jurisprudence in adjudicating AI and machine learning patent applications.

What’s in this book:

Salient issues and topics include the following: 

• key technical terms defined specifically through the lens of patent law;
• substantive technical hurdles and nuanced legal interpretations that recur across the case law;
• systemic procedural inconsistencies, methodological hybrids, and recurring traps that lead to the refusal of computer-implemented inventions;
• effect of the landmark decision G 1/19 of the EPO’s Enlarged Board of Appeal;
• pitfalls of assessing the inventive step based on the COMVIK approach; and
• eligibility of computer and AI inventions under the EPO Guidelines 2026. 

The author provides detailed commentary and analysis of all relevant EPO cases up to April 1, 2026. Each case presentation begins with a brief sketch of the invention. Following this, the claims are discussed, avoiding dense patent terminology, ensuring the core concept of the invention can be quickly grasped. To this end, the online edition of this book includes hyperlinks directly to the original claim requests in the patent register, allowing for side-by-side comparison with the simplified text.

How this will help you:

Given his contention that securing patent protection for AI and machine learning at the European Patent Office has become a high-stakes challenge, Dr. Baldus offers strategies on how to best handle new filings in this domain that provide a framework for achieving predictable, regular examination. Accordingly, this indispensable guide equips patent attorneys, IP professionals, and in-house counsel with the clarity and argumentative blueprints needed to overcome frequent rejections. The author’s razor-sharp insights provide the strategic edge required to successfully draft and prosecute AI patents in Europe.