Contact us about patenting AI inventions

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Benefit from 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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