Geographical breakdown of AI patents in 2024 RankCountryTotal AI Patents (2024) 1 China 12,945 2 United States 8,609 3 South Korea 1,537 4 Japan 1,5376 more rows •
Stanford's AI Index Report: Top 10 Global AI Leaders (data as of 2023) RankCountryTotal Score 1 United States 70.06 2 China 40.17 3 United Kingdom 27.21 4 India 25.546 more rows •
Case Studies: The DABUS Patent in South Africa A milestone was reached in the field of patent law when an AI system, known as DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) created by Dr. Stephen Thaler, was acknowledged as the inventor for a patent in South Africa.
Geographical breakdown of AI patents in 2024 RankCountryTotal AI Patents (2024) 1 China 12,945 2 United States 8,609 3 South Korea 1,537 4 Japan 1,5376 more rows •
While AI can aid in generating ideas and solutions, the inventive concept must originate in part from human ingenuity. Human inventors must make substantial contributions to the invention that go beyond merely using AI tools. Otherwise, the invention is not eligible for patent protection.
Private investment now accounts for most of the investment in AI. The US is leading private investment in AI (€62.5 billion) in 2023, followed by China (€7.3 billion) (Figure 1). The EU and the United Kingdom (UK) together attracted €9 billion worth of private investment in 2023 (Stanford University, 2024).
Chinese companies dominate generative AI patents by quantity. But that's not the full story. Tencent (OTC: TCEHY) holds 2,074 generative AI patents, the most in the world. IBM (NYSE: IBM) owns the most generative AI patents among American companies, with 601.
China has rapidly emerged as a global leader in AI patent filings, particularly emphasizing generative AI and machine learning. This surge underscores China's top position in AI patents by country, solidifying its role as a key driver of global innovation.
Since an AI system doesn't meet the qualification of an inventor, it cannot transfer the patent filing rights related to the invention. Dr. Thaler's assertion of ownership through the "doctrine of accession," asserting rights due to his ownership of DABUS, was deemed erroneous.
Technical Process: If a prompt is part of a broader technical process—such as a novel method for interacting with an AI system or a unique way of using the AI to achieve a particular technical result—then it may be eligible for patent protection.