Event Session
The Challenges of Drafting and Prosecuting AI Patents *
June 21, 2023 @ 10:15 AM EST
10:15 AM ET
June 21, 2023
The Challenges of Drafting and Prosecuting AI Patents *
So, you’d like to patent your artificial intelligence (AI). It might not be as easy as you think!
In the United States, patents can be obtained on inventions that are themselves systems, apparatuses and processes. But patenting AI and machine learning (ML) innovations can be quite challenging because the patent laws as they are written contemplate a different invention paradigm. Historically, and even still today, patent language describes inventions concrete linear terms; the what, why, when and how of the invention as described in a document that is more instruction manual than literary prose. What this means is that based on the patent laws today, one must describe an AI invention in terms of structure. Unfortunately, U.S. courts do not consider computer structure (e.g., processors, computer memory and the like) to be machine structure, believing computer structure to implement only functions rather than execute any transformations of or to a product. As a result, many ML models seeking patents in the U.S. face an uphill road.
The key to obtaining a software patent is to thoroughly describe the system and processes from a technological level. To be patent eligible, claims to software must be “rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks,” as was articulated by the Federal Circuit in DDR Holdings, LLC v. Hotels.com.
This panel will explore best practices for describing AI and ML innovations in patent applications—and ultimately prosecuting those patent applications—in light of current laws. The panel will also discuss what aspects of U.S. patent law should be reformed in order to better address the need for protecting AI and ML related innovations.
Materials
How To Patent Artificial Intelligence And Machine Learning Models
PowerPoint Slides by Gosia Kulczycka
Defining Computer Related Inventions in a post-Alice World
So, you’d like to patent your artificial intelligence (AI). It might not be as easy as you think! In the United States, patents can be obtained on inventions that are themselves systems, apparatuses and processes. But patenting AI and machine learning (ML) innovations can be quite challenging because the patent laws as they are written contemplate a different invention paradigm.…
Session Speakers
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