The rapid evolution of artificial intelligence (AI) technologies is driving a significant increase in global patent applications for AI-related innovations. However, disparities in national patent laws and examination standards present challenges for AI developers seeking to safeguard their intellectual property (IP) rights across multiple jurisdictions.
As industries increasingly leverage AI to enhance efficiency, innovate products, and tackle complex challenges, developers are racing to secure IP rights for their inventions. Major tech firms, startups, and research institutions are patenting algorithms, machine learning models, and AI applications in diverse sectors such as healthcare, finance, manufacturing, and autonomous systems. This uptick in patent filings not only reflects the expanding landscape of AI technologies but also the competitive drive to control essential innovations.
A notable surge in patenting activity is seen in the realm of Generative AI (GenAI), which employs deep-learning models to produce high-quality content like text and images. Prominent examples include AI chatbots such as ChatGPT and image generators like DALL-E. The World Intellectual Property Organization (WIPO) 2024 Patent Landscape Report underscores a remarkable rise in both scientific publications and patenting efforts in GenAI.
The United States remains at the forefront of AI innovation. In 2020, the US Patent and Trademark Office (USPTO) reported that 80,000 utility patent applications involved AI, making up 18% of all utility applications and over 50% of the technologies examined. While China has taken the lead in total AI patent families over the past decade, US innovations in AI are more widely recognized and protected on a global scale, emphasizing the importance of patenting in the United States. US companies frequently patent foundational technologies with broad applications, setting industry standards and driving significant advancements in AI development.
In 2024, the USPTO issued new guidance on subject matter eligibility for AI inventions. This guidance clarifies how the existing two-step Alice/Mayo test applies to AI inventions, providing examples of how various AI-related claims are assessed for patent eligibility. The key takeaway is that AI inventions are more likely to be considered subject matter eligible when claims detail specific technical improvements, hardware implementations, and incorporate the AI models into an enhanced technological process. A more in-depth analysis of the 2024 USPTO guidance and recommendations for drafting AI-related patent applications can be found in our recent publication.
The competition to patent AI technologies is intensifying and shaping the future of innovation. To effectively protect their inventions, companies and inventors must navigate complex legal frameworks worldwide. While patenting AI requires strategic planning, the notable increase in filings and grants demonstrates that obtaining patents for AI inventions is not only feasible but essential. Understanding the specific patent eligibility requirements in various jurisdictions, developing a global patent portfolio strategy, and adopting appropriate drafting and prosecution techniques will be critical for maximizing the chances of securing patents for AI technologies.