Can You Patent Artificial Intelligence?

Of all the rapidly evolving fields of technology, artificial intelligence (AI) has become a major cornerstone of innovation. As AI systems continue to grow in usage, implementation, and sophistication, the question arises: can you patent artificial intelligence? The answer is yes, but with a few notable nuances.

What is a Patent and Who Can Get One?

A patent is a type of intellectual property that provides the patent holder with exclusive rights to an invention for a specified period. To qualify for a patent, an invention must be novel, non-obvious, and useful. Also, the inventor must be a person. If any part of an invention is conceived by an AI, that portion cannot be patented because AI, unlike corporations, are not legally recognized as persons. Despite the imaginative worlds depicted in movies like Blade Runner (which I love too), the law remains clear on this. However, parts of the invention conceived by humans remain eligible for a patent, even if an AI contributed to other portions.

AI and Patent Eligibility

At its core, AI is a set of algorithms and software that can perform tasks that typically require human intelligence. The United States Patent and Trademark Office (USPTO) and other patent offices around the world have grappled with the patentability of software and algorithms. Generally, abstract ideas, such as mathematical concepts or methods of organizing human activity, are not patentable. However, if an AI invention is applied in a novel and non-obvious way to solve a specific technical problem, it may be considered for a patent.

Challenges in Patenting AI

One of the main challenges in patenting AI is defining the inventor. Traditionally, patents are granted to human inventors. However, as AI systems become capable of  “inventing” solutions or creating works independently, the question of inventorship becomes complex. Some jurisdictions have started to recognize AI as a potential inventor, but this is still a developing area of law. Another challenge is the rapidly changing nature of AI technology. Patent applications can take years to process, and by the time a patent is granted, the technology may have evolved significantly. This pace of innovation can make it difficult for patent protection to keep up with technological advancements.

Best Practices for Patenting AI

To increase the chances of patenting AI, it’s essential to focus on the application of AI in a specific industry or technology. For example, an AI system that improves the efficiency of renewable energy storage may be more likely to be considered patentable than a general-purpose AI algorithm. While it is possible to patent artificial intelligence, the process is fraught with challenges and complexities. As AI continues to advance, patent laws may need to evolve to better accommodate these innovations. It’s important to remember that this blog does not constitute legal advice, and those seeking to patent AI should consult with a qualified patent attorney to navigate the intricacies of patent law. Remember, the landscape of AI patents is constantly evolving, and staying informed is key to protecting your intellectual property in this dynamic field. Happy innovating!

Prior to a career in law, Jon worked for a global energy technology company. Here, he realized he had the opportunity to truly help people protect their innovations in all fields of endeavor and technology. Today, Jon counsels and represents various clients as an IP lawyer.

If you are seeking patent or trademark help, please contact intellectual property attorney Jonathan Staudt at jstaudt@uslegalteam.com.