T 1998/22 - Machine learning

Key points

• "It is noted that the use of a "cross-product feature transformation" in the "wide machine learning model" [as specified in the amended claims] may contribute to establishing that the advantages recited in paragraph [13] are actually achieved, as emphasised by the appellant (statement of grounds appeal, pages 10 and 11), but these advantages [see below] remain of a non-technical nature."
• "According to the description [paragraph 13], "in general, a wide machine learning model can memorize feature interactions through a wide set of cross-product feature transformations and a deep machine learning model can generalize unseen feature combinations by applying embedding functions to the input features", and "by including both [a] deep machine learning model and [a] wide machine learning model, the wide and deep machine learning model can obtain both benefits of memorization and generalization and thus can perform better on predicting an output from a set of input features" (paragraph [13])."
  
  
• "As to the argument that only a "technical expert" could have devised the features of the invention [i.e. the CardinalCommerce test], the board notes, as a general word of caution, that this kind of enquiry may be helpful in some cases to separate non-technical features from technical features - in particular to identify business-related features - but does not constitute a definite test as it only concerns which kind of considerations underlie some features of the invention and not which kind of effects are achieved by it. For instance, a claim to a computer-implemented simulation may involve features which are based on expertise in the technical field of the technical system that is being simulated. This alone would however not be sufficient to conclude that these features contribute to the technical character of the claim (G 1/19, reasons 122, 125, 141 and 142)."
• "In any case, the board tends to consider that claim 1 does not reflect any considerations beyond computer programming (which encompasses the design of algorithms) and mathematics."

EPO 

The link to the decision can be found after the jump.

https://www.epo.org/en/boards-of-appeal/decisions/t221998eu1