Struggling to Safeguard Your AI Innovation? Provisional Patents are the Answer.
From Vulnerable AI Invention to a Secured Patent Pending Status: Enjoy the Benefits of Safeguarding Your Innovations!
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As the field of artificial intelligence continues to advance, protecting your AI innovations becomes increasingly important. One way to protect your AI ideas is to patent the AI ideas through drafting and filing a provisional patent application for AI inventions. In this guide, we will walk you through the process for obtaining an AI patent and provide valuable insights to help you navigate the AI patent processsuccessfully. This comprehensive guide covers following topics:
Using Provisional Patents to Protect AI Inventions
Patent Pending Rights AI Inventions
Provisional Patent Application for AI Innovation
Prior Art Search before Filing Provisional Patent
Drafting Provisional Patent for AI Invention
Provisional Patent Drawings for AI Inventions
Example of Provisional Patent for AI Invention
How long does it take to get a provisional patent for AI Invention
Provisional Patent Strategy for AI Invention
Generally, patent attorneys with expertise in Artificial Intelligence and Machine Learning work closely with AI inventors for explaining how provisional patents can provide patent pending rights for AI inventions, allowing inventors to refine their ideas into full fledged AI products and AI services before filing a non-provisional patent for AI inventions. Consequently, for AI researchers, artificial intelligence provisional patents can encourage artificial intelligence innovations, foster collaboration, and drive progress in AI research, thereby impacting on the future development and adoption of AI technologies through creation of AI patent portfolio. Accordingly, inventors strategically utilize provisional patents to safeguard their AI innovations before launching their AI products in public domain.
In the rapidly evolving world of artificial intelligence, AI inventors aim for the strategic use of provisional patents. As a result, these legal tools serve as a protective shield for AI inventions, granting inventors the freedom to refine their creations while staking their claim in the AI patent landscape by providing patent pending rights for their AI innovations that begin from the date of filing of provisional patent application.
Before diving into the process of obtaining a provisional patent application for your artificial intelligence innovations, it is crucial to understand the basics of how provisional patent applications work. A provisional patent application serves as a placeholder for your invention, providing you with a provisional patent filing date and a one-year period of protection. During this time, you can further develop your AI innovation and decide whether to pursue a full patent application for AI invention. It is important to note that a provisional patent application does not grant you a patent on its own, but it does offer some benefits and protections while you navigate the complete patent process by following up with a subsequent filing of the non-provisional patent for AI invention.
Before filing a provisional patent application for your artificial intelligence innovation, it is essential to conduct a thorough prior art search for all the unique features of the AI invention. This involves researching existing patents, publications, and other sources of information in the related technology field to determine if your invention is truly novel and non-obvious. By conducting a comprehensive prior art patent search, you can identify any existing technologies or inventions that may be similar to yours, which could potentially impact the patentability of your AI innovation. This step is crucial in ensuring that your provisional patent application for AI invention is strong and stands a better chance of being granted after subsequent patent filings.
In order to successfully file a provisional patent application for your artificial intelligence innovation, you must prepare a strong provisional patent draft of your AI invention. One of the important sections of the provisional patent application includes detailed description of the AI invention. This description should clearly explain the technical aspects and functionalities of your AI innovation, including all the unique features or algorithms that set it apart from existing technologies. It is important to be thorough and specific in your description, as this will help demonstrate the novelty and non-obviousness of your invention to the patent examiner. At the same time, it is always helpful to expand the scope of the AI invention by describing all the future enhancements and improvements that can possibly be launched in improved versions while filing subsequent AI patents. Additionally, including detailed diagrams, flowcharts, or code snippets can further enhance the understanding of your AI innovation and strengthen your AI patent application. In addition, to ensure that the contents of the provisional patent application provide stronger protection during later stages of the AI invention patent process, it is further advisable to develop strong and defensible claims that protect your AI innovation. Patent attorneys with expertise in AI and ML draft claims that are clear, specific, and encompass the core aspects of the AI invention. The goal is to ensure that your provisional patent claims align with the description provided earlier for all the possible features of the AI invention.
When filing a provisional patent application for your artificial intelligence innovation, it is crucial to include detailed drawings and diagrams to illustrate the unique features of the AI invention. These visual representations can provide a clearer understanding of your invention and its technical aspects. They can also help demonstrate the uniqueness and novelty of your AI innovation. Including flowcharts or flow diagrams can further enhance the understanding of your invention’s functionalities and algorithms, specifically the steps required to execute the novel process of the AI invention. By including detailed drawings and diagrams, you can strengthen your patent application and increase the chances of successfully safeguarding your AI innovations.
The best way to draft and file a provisional patent for AI invention is to review an existing patent application that relates to artificial intelligence. An interesting provisional patent example is the priority document pertaining to International Patent Application No. PCT/US2022/050579, which can be seen by clicking here. As can be seen under the documents section, this patent titled “AN INTERACTIVE ARTIFICIAL INTELLIGENCE-BASED RESPONSE LOOP TO A CYBERATTACK” claims priority from a USPTO provisional patent application dated 22.11.2021, a full copy of which can be seen here as provisional patent draft example.
From a patent drafting perspective, one can easily note that this provisional patent application covering an AI invention includes a brief background section. This is a good approach to ensure that there is enough room to highlight the problems and shortcomings of the prior art or existing solutions at the stage of filing the non-provisional patent for AI invention, thereby ensuring that a broad disclosure is filed at the time of filing of provisional patent for AI invention. Subsequently, a broad enough description of the AI invention is included to ensure that the broadest possible scope is disclosed, thereby preventing a really narrow disclosure that can result in a subsequent non-provisional application with very limited scope at a later stage. In addition, broad level system architecture block diagrams are included to explain the terms used in the description. At the end, the application includes two claims to ensure that the broadest possible scope if covered at the stage of filing of provisional patent for AI invention. These provisional patent claims read as, an apparatus as described herein, and a method as described herein. In some cases, it is also advisable to include few elements in such patent claims without limiting the overall scope of the AI invention.
While planning to file a provisional patent application, the most common question that is frequently asked is, how long does it take to get a provisional patent. In case of AI inventions, it has to be understood that after filing a provisional patent application for AI invention, a provisional patent application doesn’t actually grant a patent on its own. Instead, such provisional patent application covering the AI innovation establishes an early filing date and allows the inventor to use the term “patent pending” for 12 months. The process of preparing and filing a provisional patent application can take a few weeks to a few months, depending on the complexity of the AI invention and how well-documented the AI invention is at the time of filing. Once the provisional patent application for AI invention is filed, the inventor can immediately start using the term “patent pending”. The patent office, like U.S. Patent and Trademark Office (USPTO), doesn’t examine provisional applications for patentability, so there’s no waiting time for approval. Subsequently, to actually obtain a patent for AI invention, the inventor must file a non-provisional patent application within 12 months of filing the provisional application. The non-provisional patent application is the one that gets examined by the patent office, and it’s this application that can eventually mature into a granted patent protecting the unique aspects of the AI invention. The non-provisional patent application process is more complex, detailed, and costly than the provisional one, and it can take 1-3 years or even longer for the patent office to make a decision. In addition, AI inventions can present unique challenges due to their complexity and the pace of technology development. The patent landscape for AI is also continually evolving, which can impact the patentability of certain AI inventions and the time it takes to secure patent protection for AI products.
With a view to prepare a strategy framework containing step by step process to draft and file Provisional Patent Application for Artificial Intelligence Innovations, it is advisable to consult with a patent attorney having strong expertise in AI innovations to ensure a comprehensive understanding of the provisional patent application process and to avoid any legal pitfalls. The purpose of drafting a strong provisional patent application for AI invention is to focus on the substance of your provisional patent application, clearly explaining the novelty and technical aspects of your AI innovations by way of sufficient detailed description supported by the provisional patent drawings. It is also advisable to use clear and concise language, highlighting the unique features and benefits of your invention. In some cases, it is also helpful to explain the potential market impact along with the technical advantages offered by the unique AI product. As can be seen from regular developments in the AI sector, it can be aptly stated that Artificial Intelligence (AI) is transforming the world with its potential to revolutionize various industries is immense, making it a hotbed for innovation. With breakthroughs and challenges aplenty, the need for patent protection to foster a competitive environment and encourage innovation is paramount. For inventors working on innovative AI products, the patent process corresponding to the AI inventions can be complex, but it doesn’t have to be. A provisional patent application covering the AI invention is your first step, establishing priority rights while allowing for further refinement of your invention.
As a business coach and thought leader, I cannot emphasize enough the importance of innovation, new software patents, mobile 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.
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.
Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) 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.
