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Can My Artificial Intelligence Technology Be Patented?

  • Dec 12 2019

For years and years, thousands of inventors have successfully patented their inventions. Inventions such as a hammer would have been easy to demonstrate how they were made. Under 35 USC §112(a), in exchange for patent rights, an applicant must meet the “enablement” requirement. This means that the inventer must demonstrate how they are made; the invention must be easily understood from the submitted description.

The Enablement Requirement

As technology has grown more advanced, it has generally become more difficult to meet the enablement requirement. Things such as engines and computer programs are much more in-depth and complicated to explain. That’s why you can imagine that artificial intelligence (AI) inventions, which work within themselves to continue growing as they operate, face a new challenge in meeting the enablement requirement.

Blocking Others from Similar AI Inventions

From self-driving cars to digital assistants such as Apple’s Siri, AI continues to rapidly expand. The International Data Corporation (IDC) estimated that in 2021 the AI industry will take in more than $57 billion. In the last three years alone, more than 9,000 U.S. patent applications related to AI were published. Such applications require an explanation as to how the actual machine is built, as well as a description of how the initial AI could learn and expand. The more possibilities that an AI patent can cover, the less opportunities there are for competitors to create something similar. 

Applying AI to Solve Problems

It is important to know what problem your invention is solving and to understand the solution. A good way to start is to find out what type of artificial intelligence the invention uses (e.g. neural networks imitate brain function, regressor models represent complex mathematical relationships, and decision forests break down patterns into combinations of simple choices). It is then important to ask questions regarding the training of the AI system. Such questions may include:

  • What types of data are used?
  • Where does the data come from?
  • Does the data include human judgments?
  • How are the data reprocessed for training?
  • Is the AI only trained once or is it trained periodically?
  • What training algorithm is used to change the blank state AI into the final AI?

Asking the right questions can be challenging, but knowing how to apply AI to solve problems only helps to further technology for all of society. 

Scully, Scott, Murphy & Presser Can Help Those Who Have or Desire to Have a Patented Invention

Successfully filing a patent for an AI invention can be quite complex – especially if you do not have any experience doing so. However, it is imperative that you protect yourself and your invention. This often requires assistance. If you have an AI (or other) invention that you are looking to patent, it is wise to consult with a knowledgeable and experienced patent attorney.

At Scully, Scott, Murphy & Presser, P.C., our New York patent attorneys understand the importance of protecting your inventions and ideas. That’s why we work with inventors, helping them to successfully patent their inventions, and work to prosecute those who infringe upon it. To learn more or to schedule a free consultation, contact us today!

Posted in: Patents