Your Comprehensive Guide to AI Patents

Ever wondered if your groundbreaking AI invention can be patented?

Drawing from a wealth of experience in drafting diverse AI patent applications, this guide is your key to unlocking the potential of your AI innovations

This comprehensive guide demystifies the complex world of AI patents, providing you with a step-by-step walkthrough of the patent application process.

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How to Patent Your AI Invention: Step-by-Step Guide

Can an AI be Patented?

Any discussion involving AI patents always starts with this frequently asked question, wherein inventors need clarity as to if an AI invention can be patented. If you’ve developed a new and innovative artificial intelligence (AI) invention, you may want to consider protecting it with an AI patent that can be filed across various countries under the Patent Cooperation Treaty as a PCT International Phase Application. This guide will walk you through the process of applying for an AI patent, including the requirements, costs, and potential benefits of obtaining an AI patent for your innovative products and services that use artificial intelligence and machine learning algorithms. This article is aimed at understanding the role of AI patents, wherein the insights are derived after I have drafted multiple international AI patent applications claiming a diverse range of AI subject matter, such as, for example, using artificial intelligence for removing flicker in a video, an AI based data security system with dynamic intervention response, an AI chip having capabilities for increasing the AI chip’s processing power, and the like.


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Advantages of Filing AI Patents

For AI startups and technology companies that rely heavily on AI innovationsobtaining an AI patent for innovative products and services that use artificial intelligence and machine learning algorithms offers several benefits. An AI patent provides legal protection for the innovations that can help companies to increase their market share, attract investors, and give a competitive advantage in the industry. Commercially, AI patents can be valuable assets that allow the AI startups to monetize their innovations. This can be done through patent licensing or selling the AI patent rights to third parties, which can create new revenue streams and increase the business’s overall value. Consequently, AI patents claiming digital assets establish the ownership and exclusive rights to use the innovative AI inventions for commercial purposes, by way of AI patent licensing and AI patent assignments. This can help the AI patent owners avoid AI patent infringement lawsuits, which can have significant financial and technical impacts on the company.

Once the AI patents are filed to create a strong portfolio of AI patents, one of the major resulting impacts for companies is that it helps in enhancing their credibility and foster a positive image of the company in the technology industry. This can open doors to potential collaborations with other industry players, including tech giants and startups involved in AI integration and development. In addition, AI patents can help in securing an early hold on the market and potentially limit new entrants by creating entry barriers. This protects the investment, increases the return on investment by boosting the overall business and patent valuation, and provides room for scalability in AI product and service offerings that are subject matter of AI patent claims pertaining to the AI patent applications. Essentially, obtaining an AI patent is crucial for maximizing the return on your investment in AI and machine learning innovations. It provides legal protection, creates monetization opportunities, establishes ownership rights, enhances the company’s image, and strengthens the company’s position in the market.


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Advantage of patent Filing

Conduct a Thorough Patent Search for AI Inventions

Before applying for a patent for your AI invention, it’s important to conduct a thorough patent search to ensure that your AI invention is unique and not already patented by someone else. This can be done through the United States Patent and Trademark Office (USPTO) website, along with other free tools like Google PatentsWIPO Patent Database, or with the help of a qualified patent attorney. It’s important to note that even if your invention is similar to an existing patent, you may still be able to obtain an AI patent if your AI invention has unique features or improvements. Additionally, you should also consider filing a provisional patent application to protect your AI invention while you are conducting the patent search prior to filing of a non-provisional AI patent application.


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Prepare and File your AI Patent Application

The AI patent filing process can be complex and time-consuming, so it’s important to seek the guidance of a patent attorney or agent with strong technical background. They can help you navigate the patent application process and ensure that your AI patent application meets all the necessary requirements. The application will include a detailed description of your AI invention, including how it works and what makes it unique. It will also include any necessary drawings or diagrams. Once your patent application is complete, it will be submitted to the United States Patent and Trademark Office (USPTO), or another relevant patent office, for review. The USPTO or the patent office will then review your AI patent application and determine whether or not it meets the requirements for an AI patent. If approved, you will be granted an AI patent that protects your AI invention from being copied or used without your permission.

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Respond to Patent Office Actions or Patent Rejections

In certain cases, after filing the AI patent application, you may receive an office action or rejection from the USPTO. This means that the examiner has reviewed your application and has identified issues or concerns that need to be addressed before your patent can be granted. It’s important to respond to these patent office actions in a timely and thorough manner, as failure to do so could result in your application being abandoned. Your patent attorney or agent can help you understand the issues raised in the patent office action and prepare a patent office action response that addresses them effectively.


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Patent Drafting Process for AI Patents

Whether you decide to work with an AI patent attorney, or on your own, it is extremely important to follow a thorough process for drafting a patent application for your AI invention. As an inventor, the first step to patenting your AI innovation is to research and understand the AI patent process. This includes understanding the different types of patents, the requirements for patentability, and the steps involved in filing a patent application. For example, the USPTO website is a great resource for understanding the basics of patent law prior to securing AI patent rights.

Identify the Key Elements of a Patent Application

The next step is to identify the key elements of a patent application that will act as a foundation of your AI patent. These include the title of the invention, the abstract, the background of the invention, the summary of the invention, the detailed description of the invention, the patent claims, and the drawings (if applicable). For instance, the title should be brief but technically accurate and descriptive.

Explain Each Element in Detail

Once you’ve identified the key elements, you need to explain each element in detail. For example, the detailed description of AI patent should provide sufficient information about your AI innovation for a person with an average understanding of the technology to be able to use it. This should include a description of the problem your invention solves, how it solves it, and the benefits of your solution.


In addition to explaining each element, it’s important to prepare a patent structure while drafting a patent application. This includes writing clear and concise descriptions, avoiding overly broad claims, and ensuring that the invention is fully and accurately described. For instance, when drafting claims, start with a broad independent claim followed by narrower dependent claims



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Patent Drafting Example for AI Invention

In the world of patent law, the first step to securing your intellectual property rights is understanding your invention inside and out. For instance, if you’ve developed an AI that functions as a personalized health coach, you need to grasp the technology, its unique features, and how it stands apart from existing solutions. 

The heart of a patent application lies in its claims. These claims are not just statements; they define the protective boundaries of your invention. When drafting claims for an AI health coach, it’s essential to pinpoint the unique aspects and ensure they are covered. However, striking a balance is key. If your claims are too broad, they may be invalidated by existing prior art. Conversely, if they’re too narrow, competitors might find a way to work around your patent. Clarity and succinctness are paramount, and each claim must be based on the matter disclosed in the specification. As an example, the outline of the primary independent patent claim can be written as:


An electronic device including circuitry configured to:

receive user profile information about a person using the device;

receive a set of health templates based on the user’s profile information;

select one health template from the received set;

use sensors to determine the user’s health parameters or activities, based on the chosen health template; and, 

determine health recommendations for the user by applying an AI model to the chosen health template and the determined health parameters or activities.


Based on this independent claim, a set of dependent claims can be drafted, such as, for example, 


The electronic device of claim 1, which can control a display device to show health information, which includes the determined health recommendations and the determined health parameters or activities.


Once the claims are in place, the detailed description follows suit. This section should adhere to the boundaries set by the claims and cover all possible embodiments of the invention. It’s here that you’ll describe the workings of the AI health coach, its features, and the technology that powers it. Visual aids such as diagrams, illustrations, and images can be invaluable in enhancing understanding.


The abstract, field of invention, and background are other crucial elements of a patent application. The abstract is a concise summary of the invention, while the field of invention pertains to the technical field of the invention. The background provides the context, discussing existing solutions and how your invention improves upon them. References and the title are the finishing touches to your patent application. Any relevant research or existing technologies should be cited, and the title should be a true representation of the invention. For instance, “AI-Powered Personalized Health Coach” could be an apt title for this invention.


One of the most important aspects of a patent application is the disclosure of the “best mode” or the most effective known method for carrying out the invention. This could include specific algorithms, data sources, or user interfaces for the AI health coach. Each claim in a patent application is evaluated independently, so it’s crucial to make claims on all aspects of the invention to ensure the broadest possible protection. The ultimate goal is to draft claims that will stand firm in the litigation phase and prevent competitors from practicing the invention without infringing on the patented invention. 



While this guide provides a general overview, the specifics can vary depending on the nature of the invention and the patent laws in your jurisdiction. Therefore, it’s always advisable to consult with a patent attorney or agent when drafting a patent application. After all, in the realm of patents, it’s the details that make all the difference. By following these steps, you can understand the patent drafting process and create a comprehensive patent application for your AI innovation.


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As a business coach and thought leader, I cannot emphasize enough the importance of innovation, new software patentsmobile apps, and patents for tech companies, startups, and entrepreneurs. The world is rapidly evolving, and staying ahead of the curve is vital for success. Embracing technological advancements such as blockchain and AI can unlock unprecedented opportunities, streamline operations, and propel businesses into the future with competitive valuation via intangible assets

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For instance, blockchain technology can revolutionize supply chain management and secure data sharing wherein innovative business models are explained to the audience via technical whitepapers, while AI can automate and optimize decision-making processes. Mobile apps are no longer just a luxury; they have become essential tools for engaging customers and offering personalized experiences. Furthermore, securing digital innovation patents is crucial for protecting intellectual property, fostering innovation, and maintaining a competitive edge. By investing in these areas, businesses can position themselves as industry pioneers and pave the way for a prosperous future after thoroughly conducting the due diligence and reviewing the legal opinion letters, which in case of digital assets can assist in determining the tokens as utility assets or coins as utility tokens before listing the assets at an exchange.

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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 filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers ( is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

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