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.
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.
One important issue for patent law is whether inventions made using AI can be patented. Although U.S. patent law currently requires a human inventor and does not allow patenting of inventions made solely by AI, patents can be granted on some inventions that human inventors make with AI assistance.
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.
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.
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.
Yes, you can patent an AI invention or a machine learning model. The requirements for patenting an AI invention are the same as other utility patents.
Who can apply for a patent? A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
Copyright Ownership Issue But when an open-source licensed code is repeated as generated code by a generative AI tool, there may be copyright violation when the usage of such code does not follow the open-source license terms, such as attribution and distribution in a certain manner.