As an AI patent lawyer, I can attest to the fact that artificial intelligence (AI) is becoming a part of practically every industry. From ChatGPT to smart indoor farming to speech recognition software that can interpret a crying infant, AI appears to be present in every aspect of modern life. As to IBM, 35% of businesses worldwide have used AI, while 42% of them are still in the process of investigating the technology. AI is changing many facets of daily life, including governance, healthcare, agriculture, industry, and the supply chain.
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The number of AI patent applications each year rose by over 100% to over 60,000 between 2002 and 2018. This translates to a rise in the percentage of AI-containing patent applications from 9% to about 16%. About 80,000 patent applications for AI software had been received by the USPTO by 2020, and 77% of them had been accepted. AI IP rights have the potential to significantly impact the commercial environment, particularly in the areas of computer vision, natural language processing, and machine learning algorithms, which account for 40% of AI IP cases.
By 2030, the artificial intelligence (AI) industry is expected to grow to $1.6 billion, and forward-thinking businesses are grabbing hold of this chance to protect their machine learning and AI innovations through legal means. Impressively, 42% of all technological patents are tied to AI. Even while it seems like every company is attempting to patent its own platform and compete for supremacy in AI, it is clear that getting patent protection is a difficult procedure.
A smooth and successful AI patent application is largely dependent on the experience of patent attorneys knowledgeable in this field of technology. This tutorial gives you a thorough overview of everything you should know when dealing with a patent attorney to protect your AI technology, from carrying out a search for patentability to drafting your application and providing advice on handling rejection or requests for further information.
Is Artificial Intelligence Patentable?
The short response is “Yes.” Even though AI technology seems complicated, its uses are frequently limited to a few main areas. First, the bulk of AI methods are based on machine learning, which increased by around 28% annually between 2013 and 2016. Deep learning and neural networks make way for machines that can really “learn” from their own work under the umbrella of “machine learning.” Through modeling and reinforcement, algorithms develop, refine, and enhance their results.
One of the best examples of machine learning is product suggestions, which are made by recommendation engines based on your online buying and purchase patterns. Subsequently, the computer can generate more specialized ideas by further refining your preferences depending on how you react to those recommendations.
Second, the majority of artificial intelligence applications are in areas like computer vision, facial recognition, natural language processing, and speech processing. Social media filters frequently use facial recognition technology, and biometrics are being utilized for safer travel and heightened border security.
But keep in mind that applying for an AI patent is a complicated procedure, and that applications are frequently turned down for no other reason than that the claim set or application specification does not fully define the AI technology. Here are some pointers to bear in mind when you draft your AI patent application.
An AI Patent Attorney’s Function
To preserve your rights, like with any other intellectual property issue, you should get professional legal counsel. AI-savvy patent attorneys are essential to the effective writing of patent applications and the acquisition of patent rights. A skilled patent lawyer can help you in the following ways:
Create an Excellent Application
AI-savvy patent attorneys are skilled at searching, crafting well-written specifications, creating an effective claim set, and creating drawing figures. Their knowledge goes beyond providing advice on appropriate patent drawings, such as flowcharts or diagrams, and polishing the wording of your set of claims.
This skill improves your chances of getting a notice of permission and speeds up the patent approval procedure considerably. Furthermore, patent attorneys experienced in AI are able to expedite and streamline answers in the event of an Office Action requiring changes or additional material, hence increasing the probability of a successful conclusion.
Because of the surge in AI patent applications, the European Patent Office and the United States Patent and Trademark Office are continuously changing their policies. Legal decisions and qualifying developments may evolve in an effort to stay abreast with emerging practices and advances. Consequently, the procedure is the same as applying for any other kind of intellectual property right.
1. Determine AI inventions that are patentable
To determine what constitutes patentable subject matter for your AI-based software or for your own AI models and training procedures, get in touch with an experienced patent attorney at the Tech and Media Law Group. Tech and Media Law will assist you in doing research and preparing your patent application in accordance with USPTO regulations, including 35 U.S.C. 101, 102, 103, and 112.
2. Carry Out an Extensive Previous Art Search
For your technology to be patentable, it must be novel and non-obvious. To make sure you’re not violating an existing patent, you must perform a comprehensive patent search and compile information on profitable, related patents. This strengthens the argument in favor of preserving your invention.
3. Get the patent application ready and submit it.
It is now time to submit your patent application if you have established that your AI is, in fact, unique and nonobvious. Start by defining the unique, creative feature of your AI technology. Give a detailed explanation of all the systems, procedures, and parts involved. Steer clear of general terminology and don’t just rewrite your AI’s capabilities to act as a human replacement.
