.png)
Artificial Intelligence (AI) has become a transformative force across various industries, revolutionizing the way we live and work. As AI technologies continue to advance, the question of intellectual property protection, particularly in the form of patents, has gained significant importance. In the United States, AI-related inventions are patentable, but there are specific considerations and challenges that innovators need to understand. This blog will explore the key aspects of AI patenting in the United States, addressing the most commonly searched questions about the topic.
1) Understanding AI Patentability
AI inventions have been examined and issued as U.S. patents for many years. To qualify for patent protection, an AI invention must meet certain criteria. It must be novel, meaning it should not have been publicly disclosed or patented before the filing date, and it must involve an inventive step, not being obvious to a person skilled in the relevant field of technology
2) Can AI Be Listed as an Inventor?
In the United States, AI cannot be listed as an inventor for the purpose of obtaining a patent. The Federal Circuit decision of Thaler v. Vidal affirmed that only natural persons can be named as inventors on US patents, thereby excluding AI from being listed as an inventor per se
3) Challenges in Patenting AI
AI applications face several challenges when it comes to patenting. One common challenge is that mathematical algorithms are not patentable in many jurisdictions. Additionally, implementing a mathematical algorithm using a computer does not, by itself, convert the algorithm into patentable subject matter
4) Key Considerations for AI Patent Applications
When drafting AI patent applications, it is essential to demonstrate how the AI solves a real-world problem. This is an important factor in representing patentable subject matter in many jurisdictions. Furthermore, adapting known machine learning models to new use cases can show novelty and strengthen the patent application
5) Benefits of Obtaining AI Patents
Obtaining a patent for an AI invention can validate the uniqueness of the innovation and signify business growth and innovation. Patents also protect a company's technology from being copied by competitors, often presenting entry barriers to its competitors and providing substantial income and ROI opportunities
In conclusion, while AI cannot be listed as an inventor, AI-related inventions are patentable in the United States. However, specific considerations and challenges must be addressed when seeking patent protection for AI innovations. By understanding the patentability criteria and key considerations for AI patent applications, innovators can navigate the landscape of AI patenting in the United States more effectively. This blog provides an overview of AI patenting in the United States, addressing common questions and concerns. It covers the patentability of AI inventions, challenges in patenting AI, and key considerations for AI patent applications. The information is sourced from reputable legal and intellectual property publications.
