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.
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.
While AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person(s) does not preclude a natural person(s) from qualifying as an inventor (or joint inventors) if the natural person(s) significantly contributed to the claimed ...
Many patent laws require the inventor to be a natural person – a requirement which could exclude AI from being independently recognized as an inventor. AI-driven innovations, such as those involving algorithms and machine learning processes, face challenges in meeting the criteria for protection as an invention.
What details should I include in my AI patent application? Your patent application should describe the technical details of your AI model – such as, for example, the data used, implemented pipelines, model infrastructure, the training framework or any combination thereof.
Design patents may be granted to any person who has invented any new, original and ornamental design for an article of manufacture. Thus, it follows that an AI-generated design, without having a person as an inventor, would not qualify for US Design Patent protection.
Drafting a Patent Specification: An Illustration Background of the Invention. Problems to be Solved. Prior Arts. Summary of the Invention. Brief Description of the Drawings. Detailed Description of the Invention. Claims. Abstract.
AI is a “sophisticated tool.” For the foreseeable future, AI's role in the innovative process is as a “sophisticated tool” that is not capable of conception to qualify as an “inventor” in its own right.
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.
To file a patent in Brazil, it must be processed in The Brazilian entity of patents is the National Institute of Industrial Property (INPI). This is the official government body responsible for Industrial Property rights in Brazil being a federal autarchy of the Ministry of Industry, Foreign Trade and Services.