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.
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.
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.
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.
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.
China is far ahead of the United States and other countries in terms of generative artificial intelligence (AI) patent applications, ing to the Patent Landscape Report issued by the UN World Intellectual Property Organization (WIPO) in July 2024.
In 2022, the Federal Circuit held in Thaler v. Vidal that the Patent Act requires an inventor to be a natural person (i.e., a human being), and therefore an AI system may not be listed as the inventor on a patent.
Prompts used for AI software can potentially have IPR protection, but the type of protection will vary: Patent law is unlikely to grant protection unless the prompt is part of a broader technical invention. Copyright law may protect creative prompts but not generic ones.
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.