In 2022, the Federal Circuit established in its Thaler v. Vidal decision that only natural persons can be recognized as inventors under the U.S. Patent Act, thereby excluding AI systems from being listed as inventors on patent applications.
AI intersects with IP in remarkable ways. It has the dual capability to generate intellectual property and serve as a guardian protecting IP rights. For instance, machine learning algorithms can generate unique solutions and inventions that are potentially eligible for patent protection.
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 •
“Junior associates can focus on tasks that require more of a human touch” and “experienced lawyers have time to focus on complex cases that require more manpower. The future will likely see AI as a powerful tool in a lawyer's arsenal, not a replacement.”
The future of patent law is poised to be a harmonious blend of human expertise and AI efficiency. In this future, AI does not replace attorneys but rather complements their work.
To obtain patent protection, you will be required to publicly disclose how to make and use your AI model, which may be undesirable if your AI model is otherwise not publicly identifiable.
For those who fear AI, the key takeaway is this: AI does not replace patent attorneys—it makes them more valuable than ever before. Attorneys who embrace AI will not only stay relevant but gain a competitive edge in the evolving legal landscape. The future of patent law belongs to those who use AI strategically.
But will AI take over architecture? No. But it will continue to become an integral part of it. More and more AI-powered tools will be created to help architects work more efficiently and create better designs.
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.
For example, AI can take an attorney-written claim and generate a suitable title or summary. Make sure the AI tool generates contextually relevant content, understanding the specific requirements of each section of a patent application to fit seamlessly.