The USPTO is involved in several worldwide AI-related projects. In multilateral AI-related discussions at WIPO and the Organization for Economic Cooperation and Development, the USPTO represents the US government. Additionally, the USPTO collaborates directly with other intellectual property offices, both bilaterally and multilaterally, through groupings like the IP5 Taskforce on New Emerging Technologies and AI as well as one-on-one interactions like bilateral discussions on the patentability of AI ideas.
AI-based patent applications surged by more than 100% between 2002 and 2018. The United States Patent and Trademark Office (USPTO) released its suggestions on patenting AI inventions in 2019.
Software-related inventions are eligible for patent protection in the USA, provided that the claims fit within one of the four categories of “patentable inventions” and cite a judicial exception as defined by the U.S. Supreme Court.
According to U.S. law, software-related inventions fall under the following categories covered under 35 U.S. Code § 101 (“Inventions patentable”).
1. a “process” (e.g., a software algorithm),
2. a “machine” (e.g., a device or system executing a software algorithm); and
3. an article of manufacture
The Federal Circuit advises emphasizing the precise ways in which the current invention differs from the prior art to demonstrate the patentability of software-related ideas. In the USA, the Federal Circuit handles patent applications. The Federal Circuit offered a three-step procedure to illustrate how the software-related invention was improved.
The three actions consist of:
1. Describe the Improvement in the Patent Specification.
2. Distinguish the improvement from the prior art.
3. Recite the improvement in the patent claims.
In the past ten years, the majority of AI components have expanded quickly, especially in the fields of planning/control and knowledge processing. AI is a complex technology with elements from many different fields. The challenge facing creators and patent attorneys is how to effectively safeguard the development of new AI technology. The greatest strategy for obtaining a patent grant is to concentrate on how the innovators advance current technologies.