Patent Drafting – Artificial Intelligence Invention

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Artificial Intelligence Patents

A recent overview of the AI technology landscape spanning across the last few years reveals that a majority of new inventions and applications use Artificial Intelligence (AI). For any business, the use of innovative AI applications is bound to produce strong business valuations by protecting these innovations through global patent filings for AI Inventions. Obtaining a patent for an AI system poses some challenges that are common across technology fields, as well as some that are unique even within the realm of software patents. With a view to creating a profitable AI patent portfolio, AI tech companies work closely with AI patent attorneys to achieve the desired results from the AI patent process. From a practitioner’s standpoint, AI patent attorneys draft and file artificial intelligence patents that claim software and hardware related invention features. 

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Understanding AI Patents

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The patent system has played an important role in technological developments that are taking across the globe currently. Off recent, the demand for a new kind of patent application has been observed: innovation embedded with artificial intelligence (AI). As the computer’s practical usage has seen a tremendous rise, the filing of a patent applications for AI inventions has also seen an increase. To support AI innovations, it is necessary to have a robust patent system. Many countries have patent systems whose regulations have not been updated that could foster innovation. To understand future developments of AI applications, it is important to consider whether such technology can enjoy the protection offered by intellectual property (IP) such as patents and what would be the consequences of such patent protection. 

What is Artificial Intelligence (AI)?

AI is a technological process that has positioned itself as a successful component in current global developments despite being termed as a possibility earlier only found in science fiction. It refers to a special category of algorithms namely machine learning (ML) that assists computers in learning from data without being ‘hard coded’ or explicitly programmed.  AI utilizes computing power from big data that Internet of Things (IoT) sensors provide to dispatch accurate predictions and smart solutions. As per Meriam Webster dictionary, “a machine’s capability to imitate intelligent human behaviour along with intuition” is defined as AI. The algorithms of AI are applied to big data to extract meaning from such data by making predictions, finding patterns & categorizing information.


Many AI techs come up with applications by scrutinizing big data on the Internet. Researchers are now collaborating with tech houses to deliver results through AI. For example, Facebook (now Meta) utilizes AI for facial recognition of image posts of its users. The researchers were successful in predicting flu trends by studying data provided by Twitter. Similarly, Netflix provides personally catered show or movie recommendations to subscribers with AI’s assistance. While training autonomous vehicles to make decisions, wearable devices to provide data to predict health issues, and utilizing traffic data to clear congestion – today AI plays a key role in almost every aspect of human life. 

Patent Protection for AI

As per World Intellectual Protection Organization (WIPO), innovation is all about any new technical solution related to a process, a product or an improvement thereof. Patent law does not restrict any innovator who comes up with such invention. As long as AI-generated inventions meet legal requirements, they should not be excluded from patent protection. 

Intellectual works produce breakthrough AI inventions. Civil capacity should not restrict creation & invention. Once the invention gets completed, if others enjoy the right to apply for a patent or a patent application as per provisions of local patent laws, the inventor does not need to perform other obligations. The remuneration rights that inventors enjoy, same rights should be provided to developers of AI. 

Researchers have identified three possible types of AI patenting. First is AI as a tool in the “applied field defined via technical effects.” Second is core AI where challenges are regarding algorithms where mathematical methods are not patentable. Third is machine learning or trained models where claims regarding variations and ranges can be an issue.  


How to Assess the Influence of AI Patents

Patents using artificial intelligence have gotten increasingly prevalent and intricate. Despite the fact that the dispersion of AI patents is slower than that of other technologies, they remain heavily concentrated among a small number of businesses. From 1976 through 2018, the top 30 U.S. firms applied for AI patents. Together, IBM, Microsoft, and Google possessed 49% of all AI patent applications. However, more than fifty percent of AI patent applications were submitted outside of the United States, making AI patent filing in China a challenging process.   


According to the most recent statistics, the number of patent applications relating to artificial intelligence has climbed by more than 28 percent since 2016. In practically every area, including transportation, life and medical sciences, document management, manufacturing, and engineering, the number of AI-related patent submissions has surged. Deep learning, computer vision, natural language processing, and robotics are essential AI technologies. The field of AI patents has gotten increasingly congested, primarily as a result of a rising understanding of its benefits.   


Patents on AI also facilitate the rapid distribution of technologies. While AI can be difficult to patent, it provides great motivation for parties to collaborate on the development of innovative technologies. In addition, patents ensure that AI innovations are protected as public goods, facilitating their global dissemination. Due to the difficulty of duplicating AI-related ideas, major legal difficulties may also develop. However, a patent remains a great method for protecting your innovation.   


While artificial intelligence has been a rapidly progressing technology for decades, the number of AI patents has increased drastically during the past few years. The majority of AI patents have been issued over the previous five years, despite the fact that the quantity of AI patents has expanded considerably over the preceding decade. This shows a transition from pure research to applications in the marketplace. However, the topic of how to quantify the impact of AI patents continues to be critical. In any case, AI patents offer corporations a huge opportunity to gain a competitive advantage.   


The size of the seed set for AI patents is dependent on the invention’s subject matter. For instance, if the AI patent landscape is limited, a seed collection of a few hundred patents may be sufficient. If the environment is more expansive, a seed set of several thousand patents may be required. These are estimates that may require additional investigation. Several more criteria contribute to the correctness of patents on artificial intelligence.   


Patents should be more adaptable and accessible than they are today in order to safeguard AI inventions. Because AI invention is so dissimilar from traditional types of innovation, the current patent system does not adequately protect it. Categorizing AI innovations will only inhibit innovation. This article suggests a new form of patent for AI innovations as a result. This new category would liberalise the Alice-Mayo framework, create a digital repository of unexplained AI, and raise the standard for a person of ordinary talent, allowing creative AI to become a patent inventor.

In addition to the crucial points stated here relating to patents for AI Inventions, the future business models based on innovation may regularly need assistance for Patent Searching. The results of a patent search report can assist in determining if Patent Drafting is the next step for International Patent Filing along with USPTO Patent Filing. In case of blockchain based business models, utility token Legal Opinion Letters may also be needed, along with a set of applicable contracts and agreements.

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.

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