Following my recent presentation at the EPO’s Search
and Examination Matters 2026 conference, this updated briefing
reflects the latest developments, statistical trends, and the
specific challenges and opportunities presented by AI-enhanced
GUIs.
A year ago, in March 2025, I provided an overview of the
requirements for patenting Graphical User Interfaces (GUIs) at the
European Patent Office (EPO).Â
Since then, the landscape has continued to evolve, particularly
with the rapid integration of Artificial Intelligence (AI).
While the fundamental principles of assessing inventive step
remain consistent, the growing role of AI demands a more nuanced
approach to demonstrating a technical contribution.
The enduring principles: Technical contribution remains
key
The core of the EPO’s assessment for GUI-related inventions
has not changed. The consistent application of the problem-solution
approach means that patentability still hinges on two fundamental
questions:
Does the GUI solve a technical problem?
Does it involve technical considerations that go beyond mere
user preference or aesthetic design.Â
As established in landmark case law, such as COMVIK (T 0641/00), features of an invention are
assessed by whether they contribute to solving a technical problem.
For GUIs, this means distinguishing between features that offer
genuine technical innovation and those that are purely decorative,
subjective, or relate to non-technical business methods. The main
hurdle remains demonstrating an inventive step under Art 56 EPC.
Presentation of Information (Output): How information is
displayed must serve a technical purpose. For example, a specific
layout that enables a surgeon to position an implant more precisely
(as noted in T 0336/14) has a technical effect. In contrast,
simply colour-coding data based on user preference does not.
Mechanisms for User Input: Input features are often more likely
to have a technical character because they require compatibility
with a machine’s predetermined protocols.
Innovations like predictive text input or gesture recognition
that allow for faster, more accurate input or reduce the
device’s processing load are considered technical.
The new frontier: How does AI impact inventive step in
GUIs?
The central question now facing applicants is: Does the
incorporation of AI really change anything? The answer is yes, but
only if the AI’s contribution is correctly framed.
The AI model itself is typically viewed as a non-technical
mathematical method. Therefore, the technical contribution must
come from its specific application to solve a technical problem via
the GUI. Simply using AI to enhance user experience in a subjective
way—for instance, to arrange icons or change colours based on
predicted user preferences—will not be considered a technical
contribution.
However, if the AI is used to improve the internal functioning
of the computer or to control a technical process, it can form the
basis for an inventive step. A clear example is an AI system that
analyses user interaction to predict and pre-render data, thereby
reducing CPU usage and latency. This is a tangible technical effect
on the system’s performance.
Key principles for patentable AI-enhanced GUI claims
Based on the EPO’s approach, applicants seeking to patent
AI-enhanced GUIs should focus on the following key principles:
Focus on a Specific Technical Purpose: The AI-driven GUI must
serve a clear technical goal. This could be enhancing the quality
of a displayed image, improving the efficiency of data retrieval,
or controlling an external technical system. A GUI that assists a
user in performing a technical task through a guided human-machine
interaction is explicitly mentioned in the EPO Guidelines as having
technical character.
Demonstrate a Credible Technical Effect: The effect must be
objective, credible, and causally linked to the claimed features.
If the presentation of information enables a user to perform a
technical task more efficiently or accurately (e.g., medical image
analysis), it is considered technical. An effect that is merely
more aesthetically pleasing is not.
Highlight the “How” over the “What”: Claims
should focus on how the GUI and the underlying AI algorithm achieve
a technical result, not just what the result is. Instead of
claiming a GUI that displays “more relevant” information,
the claim should specify the technical means, such as a specific
data processing method that reduces computational resources.
Link to a Technical System: The GUI’s functionality should
ideally be linked to the control or operation of a technical
system, such as industrial machinery, a medical device, or the
internal workings of the computer itself.
Practical examples of patentable AI-enhanced GUIs
To illustrate these principles, consider these examples:
AI-powered image retrieval
A method where a trained neural network identifies semantically
related images from a database. It then generates low-resolution
thumbnails and arranges them in a grid based on a dimensionality
reduction of their feature vectors, clustering similar images
together. This actively guides the user, facilitating a more
intuitive and efficient browsing experience, which is a technical
solution to the problem of retrieving images from a large database
(inspired by T 0643/00).
AI-assisted control of a robotic arm
A system where a user indicates a target object on a real-time
video feed. A convolutional neural network (CNN) determines the
object’s 3D coordinates, and a reinforcement learning model
generates a collision-free trajectory for the robotic arm. Here,
the AI and GUI are directly controlling a physical object, which is
a clear technical application.
AI-enhanced medical image analysis
A method where a user selects a region of interest on a medical
image. A generative adversarial network (GAN) processes this region
to generate a synthetic image highlighting potential anomalies not
readily visible to the human eye. This provides a clear technical
contribution by revealing hidden information, credibly assisting a
medical professional in the technical task of diagnosis.
Statistical trends: A look at the EPO’s activity
(2019-2025)
The latest data reveals clear trends in this space:
GUI applications are growing
Both publication and grant numbers for general GUI cases have
seen a steady increase, with over 1,700 applications published and
nearly 1,000 granted in 2025 alone.
Source – ipQuants
GUI & AI is an emerging field
While the numbers are smaller, the growth is significant.
Published applications for GUIs involving AI have quadrupled from 2019 to 2025.
Grant numbers have also risen sharply, indicating the EPO is
awarding patents in this area when the criteria are met.
Source – ipQuants
Source – ipQuants
Appeals remain challenging
The path to grant is not easy. Data shows that when an examining
division refuses an application, the appeal is rejected in over 80%
of cases. This stark figure underscores the importance of drafting a robust patent application that
clearly demonstrates a technical contribution from the outset.
Conclusion and takeaways
Patenting GUIs at the EPO, especially those enhanced with AI,
requires a strategic focus on demonstrating a clear and credible
technical contribution. While the core legal framework is
unchanged, the burden is on the applicant to show that the
invention, assessed as a whole, is more than just a clever
algorithm or an attractive interface.
When drafting claims, applicants should:
Do:
Link AI outputs and GUI behaviour to a system-level effect
(e.g., reduced memory usage).
Describe what the computer does differently to achieve the
technical effect.
Claim concrete interaction mechanisms, not abstract screen
layouts.
Avoid:
Relying on “improved user experience” as the sole
benefit.
Focusing claims only on what is displayed.
Describing AI merely as “an algorithm” or “a
model” without specifying its function in solving a technical
problem.
By carefully defining the technical purpose and implementation,
and by linking the invention to a technical system or process,
applicants can significantly increase their chances of securing a
patent for their innovative GUIs in Europe.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.