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.
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.
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.
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.
The Patent Process Determine the type of intellectual property you need. Determine if your invention is patentable. Determine what kind of patent you need. Get ready to apply. Submit your application. Work with your examiner. Receive your approval. Maintain your patent.
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.
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.
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.