Format of a Patent Application The Specification. The Title. The Description. The Claims. The Drawings. The Abstract. Sample Specifications. Minimum Requirements for a Filing Date.
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.
AI art, one of the newest mediums for expression, is forbidden from copyright protection because it fails the human authorship requirement under current law.
Indeed, ChatGPT can write patent claims by analyzing input information such as the technical field of the invention, the problem the invention solves, and a description of the invention. However, the quality of the claims that ChatGPT provides depends directly on the relevance and completeness of the input information.
Eligible inventions generally are found in technical innovations related to AI models and techniques, while merely using known AI solutions in different contexts is generally considered ineligible for patent protection.
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.
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.
Copyright Office Says AI-Generated Works Based on Text Prompts Are Not Protected. The U.S. Copyright Office released its January 2025 report to address the legal and policy issues related to artificial intelligence (AI) and copyright, as outlined in the Office's August 2023 Notice of Inquiry.
Generate content when and where needed: Use AI tools that offer prompt assistance features to generate specific sections of a patent application on demand. For example, AI can take an attorney-written claim and generate a suitable title or summary.
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.