The article examines the disclosure requirements for AI inventions under Article 83 EPC. Drawing on six decisions of the Boards of Appeal of the European Patent Office, it demonstrates that AI-related patent applications must not treat AI models as mere “black boxes.” Instead, the application must provide enough information for a skilled person to understand and carry out the invention.
The article highlights that details such as the AI model used, the training data, and relevant parameters must be disclosed with sufficient specificity. Where such information is missing, the Boards of Appeal have often regarded the application as little more than an “invitation to a research programme” rather than an enabling technical teaching. The key takeaway is that the established disclosure requirements of patent law apply equally to AI inventions, making a well-drafted and technically substantiated patent application essential for obtaining effective patent protection.
