AI & Software
US AI Patent Strategy: From Eligibility to Drafting
How to express an AI invention's technical improvement in the specification and claims.
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Hojun Lee, Managing Patent Attorney
· 3 min read
For an AI invention, saying that an algorithm is used is rarely enough. The application should connect inputs, training or inference architecture, computing-resource effects and concrete outputs to a technical problem and improvement.
US drafting should consider eligibility and disclosure requirements together. Capturing alternative implementations and evidence of performance improvement before filing creates more options during prosecution.
Guidance continues to evolve, so each application should be assessed against law and examination practice current at filing.
PRACTICAL NOTE
Application starts with the specific facts of your business.
This article provides general information, not legal advice. Strategy depends on disclosure timing, target markets and existing rights.
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