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.
AI art, one of the newest mediums for expression, is forbidden from copyright protection because it fails the human authorship requirement under current law.
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.
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.
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.
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.
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.
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.
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 ...