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.
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.
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.
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.
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.
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.
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.
The specification should be in conformity with the requirements of the Patents Act 1992 and Patents Rules 1992, typed or printed on single sided A4 pages with margins of 2 to 3 centimeters. These margins should be blank, and each page should be numbered. Two copies of the specification must be submitted.
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.
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.