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Patent application for AI inventions

As artificial intelligence (AI) technology evolves, securing intellectual property rights for AI-driven innovations is essential. Whether you are developing AI applications for medical devices, autonomous systems or technical optimizations, a strong IP strategy protects your AI innovation and strengthens your competitive position.

At V.O. Patents & Trademarks, we specialize in patent applications for AI-related inventions. Our experienced patent attorneys help high-tech companies and start-ups navigate the complexities of AI patenting, ensuring compliance with European and U.S. patent regulations.

The value of AI patents

Securing patents for AI innovations offers significant advantages. For one, patents provide exclusivity by protecting your technology from competitors and preventing imitation or unauthorized market entry. This legal safeguard also creates opportunities for monetization, allowing you to generate revenue through licensing deals and royalty agreements.

A strong patent portfolio enhances your company’s appeal to investors by adding a valuable, legally protected asset to your balance sheet, ultimately boosting your overall valuation. Moreover, patents fortify your market position, acting as a legal barrier against infringement and strengthening your stance in intellectual property disputes.

Patentability of AI inventions

For an AI invention to be eligible for patent protection, it must contribute to solving a technical problem using technical means. AI applications that improve efficiency, accuracy, or system functionality have a stronger chance of being patented.

Examples of patentable AI applications:

  • AI-driven medical imaging technologies that improve diagnostic accuracy.
  • AI algorithms optimizing energy efficiency in industrial processes.
  • AI-powered cybersecurity methods for enhanced data protection.
  • Machine learning models improving hardware performance in telecommunications.

Challenges in patenting core AI

Patenting core AI - such as new machine learning models or AI algorithms - can be more complex. In Europe, such inventions are often classified as mathematical methods and are excluded from patentability unless they demonstrate technical implementation. In the U.S., an AI algorithm must show a practical application and technical improvement beyond an abstract idea.

Read more about the patentability of AI inventions in our in-depth article.

Check if your AI invention is eligible for a patent

To quickly and preliminarily assess whether an AI invention solves a technical problem using a technical solution, you can fill in these assessment questions. Filling in these 8 questions will give you a better idea of whether your AI invention is patentable.

Our expertise in patenting AI inventions

With a deep understanding of AI and patent law, V.O. Patents & Trademarks provides tailored advice on protecting AI-driven innovations. Several of our patent attorneys have in-depth expertise in artificial intelligence and securing AI patents all over the world.

How exactly can we help you?

  • AI patentability assessments and strategy
  • Drafting and filing AI patent applications
  • AI-related patent searches and infringement advice
  • Legal support for patent disputes and infringement cases
  • Advising on licensing agreements for AI innovations

Do you require advice on patenting your AI invention? Or are you wondering whether your invention is patentable? Our AI- specialized patent attorneys are happy to be of service to you. Contact them using the form below or call them directly through +31 40 250 33 13.

Frequently asked questions about patenting AI inventions

For an AI invention to be eligible for patent protection, it must exhibit a “technical character” by solving a technical problem with a technical solution. This means the invention should use technical means to achieve a measurable improvement over existing technology, and not merely automate an abstract idea or business process.

A “technical effect” refers to a clear and specific improvement made by an AI invention to existing technologies or processes. This effect should be directly attributable to the AI technology and not just a byproduct of general computer operation. Examples include optimizing energy consumption in industrial processes, improving the precision of robotic systems, digital audio, image, or video enhancement, efficient data compression algorithms, etc.

The description of an AI invention in a patent application is crucial. It must be detailed enough to enable a person skilled in the art to replicate the invention. This includes a thorough description of the machine learning model, the method of training, requirements to the data (not the data itself), the architectural framework, any relevant hardware implementations, and the technical problem it solves. Additionally, due to the opaque nature of some AI systems, providing evidence like experimental data or simulations that demonstrate the technical effect may be advantageous.

AI inventions that automate non-technical processes, such as business methods or purely abstract ideas, generally do not qualify for patent protection unless they involve a novel technical implementation that solves a technical problem. The key is whether the AI contributes to the technical character of the solution, not just the automation of non-technical activities.

Yes, patent requirements can vary between jurisdictions. For example, the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO) have different criteria for what constitutes a patentable AI invention. Although both jurisdictions require the AI invention to relate to a technical application of AI, there are differences in what is considered technical and what not. Also, the inventive step is differently assessed in both countries. It’s important to consult with a specialized patent attorney familiar with the specific requirements of the target jurisdiction(s).

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Contact our experts

Bart Jan Niestadt

Bart Jan Niestadt

  • European, Dutch and Belgian Patent Attorney, European Patent Litigator
  • Partner
Mohammad Ahmadi Bidakhvidi

Mohammad Ahmadi Bidakhvidi

  • European and Dutch Patent Attorney, European Patent Litigator
  • Associate
Raimondo Cau

Raimondo Cau

  • European and Dutch Patent Attorney
  • Associate
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