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.
Patent Drafting: There are many ways to test ChatGPT for drafting patent applications, including asking it to generate a description and claims of an invention based on the information provided by the user.
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.
AI-generated content can't be copyrighted because it isn't considered to be the work of a human creator.
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.
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.
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.
What details should I include in my AI patent application? Your patent application should describe the technical details of your AI model – such as, for example, the data used, implemented pipelines, model infrastructure, the training framework or any combination thereof.
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.
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.