The overall cost to obtain a utility patent for an invention is generally $8000 to $18000, depending upon the country where patent filing is desired.
A utility patent application includes patent claims, drawings and description of the invention. Cost of utility patent application drafting increases in case of complex inventions because of comprehensive set of patent claims and extensive description of the best mode of the invention.
The patent application cost in India covers the official filing fee and the patent attorney charges for drafting a patent application. The cost of patent application in India may also include charges for conducting a patent prior art search. The results of patent search are used to perform a patentability analysis. The summary of patentability analysis is used by the inventors and patent applicants to decide the scope of the patent claims. The overall patent cost in India can be between $2000 to $3500, depending upon specific facts of the case.
The artificial intelligence patent landscape shows disruption across the entire technology ecosystem. For patenting artificial intelligence based innovations, issues related to patent eligibility and inventorship need to be tackled. At present, the USPTO is looking for data on computerized reasoning Artificial Intelligence (AI) Inventions, covering:
(a) creations created by AI (completely or somewhat); and,
(b) developments of AI.
In spite of the fact that the concentration here is AI development, the important hidden string is the corporate invention. The following are the basic elements of AI Inventions:
For AI Inventions the person who conceives the training program of that AI is the inventor as well.
Distinguishing the new unobvious arrangement would establish a discovery, since AI isn’t aware, the individual who initially recognizes it makes the discovery. Whoever concocts or finds any new and helpful procedure, machine, production, or structure of issue, or any new and valuable improvement thereof, may get a patent accordingly, subject to the conditions and prerequisites of this title. The trained AI is either new and valuable procedure or machine or new and helpful improvement thereof.
For technology companies, only employees can be listed as inventor but not a company. But a company can be the owner of a patent, which leads us to the concept of ownership. In the preponderance of patent applications, the inventors are employees of a company that own the patent rights (by virtue of an employment agreement with the company). In that situation, the company is the “applicant” who has the power to file and prosecute patent applications, and the inventor does not have any standing with the patent office.
In case of artificial intelligence inventions, machines can and do process data and produce valuable surges of visual or sound-related images which people can see and accordingly consider, yet the machines are not aware nor cognizant: they don’t think nor imagine anything, they process data in a way which produces results which are comparable to what a conscious being conveys what the individual in question has delivered during the time spent reasoning and conceptualization, yet the current machinery are not even close to anything prepared to do real thinking and can’t contribute anything “applied”.
An AI entity other than a natural person or company to which a natural person assigns an invention cannot own a patent on the AI invention. An AI entity can only ever be considered a joint-inventor, as without human intervention on the training data and algorithms, it would churn out rubbish. Meanwhile, pharmaceutical companies are increasingly turning to AI to drastically speed up the process of discovering new drugs, analyzing huge quantities of data to come up with new molecules that could potentially have a therapeutic effect.
To secure patent rights, Rahul Dev works with clients to develop strong patent strategy for national and international patent applications, including drafting of patent claims, preparing formal patent drawings, drafting patent licensing agreements, along with his team of patent engineers and patent research analysts who have the skills and experience to assist throughout the patent process.
Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.
We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.
Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
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