Key AI guidelines updates related to the patent landscape:

1. United States: Enhancing Technological Improvements in AI Patents

● USPTO Guidance Update (July 2024):
The U.S. Patent and Trademark Office (USPTO) refined its guidelines for assessing AI patent applications using the Alice/Mayo framework, which focuses on identifying whether an invention adds a specific technological improvement. For instance, a patent application for a machine learning (ML) algorithm that optimizes cloud server energy consumption could succeed if it demonstrates how the algorithm’s unique architecture achieves significant energy savings compared to traditional methods.

Through this update, inventors are encouraged to integrate AI innovations for measurable technological benefits, mitigating the risk of rejection based on abstract ideas.

● Disclosure Requirements (April 2024):
Transparency in AI-related patent filings has become a priority. To illustrate, if a generative AI model is used in the ideation or development process of a new software tool, this involvement must be clearly mentioned. Failure to disclose such AI contributions could jeopardize the patent’s validity. This change aims to ensure accountability and bolster trust in the patent system.

2. United Kingdom: Treating AI like Any Other Computer-implemented Invention

● UKIPO Guidelines (May 2024):
The UKIPO continues to refine its examination of AI inventions, emphasizing technical contributions. For example, in the case of Emotional Perception AI Ltd., which involved a neural network trained to recommend media files based on user emotions, the courts ruled that such inventions must demonstrate a technical effect beyond simply executing a computer program. Any innovation would be considered patentable by UKIPO if an ML invention would align with at least one of the signposts:

1. Whether the claimed technical effect has a technical effect on a process that is carried on outside the computer.

2. Whether the claimed technical effect operates at the level of the architecture of the computer; that is to say, whether the effect is produced irrespective of the data being processed or the applications being run.

3. whether the claimed technical effect results in the computer being made to operate in a new way.

4. Whether the program makes the computer a better computer in the sense of running more efficiently and effectively

5. Whether the perceived problem is overcome by the claimed invention instead of merely being circumvented.

These insights guide applicants in demonstrating a tangible, technical impact.

3. European Union: Strengthened Requirements for Technical Disclosure

● EPO Guidelines (March 2024):
The European Patent Office (EPO) has clarified that AI patents must include detailed technical disclosures. For example, an invention involving a neural network for medical imaging diagnosis should describe the structure of the training dataset (e.g., data diversity, quality standards) and explain how the algorithm achieves a technical improvement, such as reducing false positives in cancer detection. This ensures that patents meet the sufficiency requirement, enabling skilled practitioners to replicate and validate the invention’s claimed effects.

Additionally, the guidelines address the challenge of overly broad claims. For instance, a claim for “an AI system for predicting weather” without detailing the algorithm’s functioning or data requirements would likely face rejection. Applicants are advised to provide a clear, reproducible pathway linking the invention’s features to its outcomes.

4. China: Recognizing AI-Generated Intellectual Property

● Beijing Internet Court Decision (November 2023):
China has taken a progressive stance by granting copyright protection to AI-generated works. For instance, an AI system creating visual designs for advertisements can now claim copyright if the output meets the originality criteria set by the courts. This decision emphasizes the importance of documenting how AI systems are trained and the role of human input in the creative process to bolster claims of originality.

This approach not only protects creators but also encourages businesses to invest in AI-driven innovation, knowing their intellectual property rights will be safeguarded.

Insights for Businesses and Inventors

The updated guidelines across jurisdictions highlight several practical considerations:

1. Detailed Disclosures: AI-related patents require explicit descriptions of the invention’s technical process and advantages. For example, an AI model predicting pedestrian movements in autonomous vehicles must include detailed training dataset characteristics and algorithmic insights to meet sufficiency standards.

2. Cross-Border Compliance: Distributed processes pose challenges. For instance, if a U.S.-based business uses a model trained in India to analyze data collected in Europe, patent claims should be crafted to address jurisdictional nuances.

3. Balancing Secrecy and Enablement: While trade secrets remain vital, patents must provide enough information to demonstrate enablement without compromising competitive advantages.

Conclusion: Charting the Course for AI Innovations

The global updates in AI-related patent guidelines underscore the growing recognition of AI’s transformative potential and the importance of tailoring intellectual property strategies accordingly.

Ingenious e-Brain remains at the forefront of helping businesses and innovators protect their AI-driven inventions. By offering services such as strategic IP drafting, comprehensive patent searches, and regulatory compliance support, we empower clients to overcome the complexities of patenting in this rapidly evolving domain. Whether navigating technical disclosures or addressing cross-jurisdictional requirements, our expertise ensures innovators stay ahead in securing their competitive edge in the global market.

Whether you’re looking to patent an AI-driven innovation, navigate disclosure requirements, or align your inventions with cross-jurisdictional guidelines, Ingenious e-Brain is here to assist. Our tailored services, including strategic IP drafting, patent searches, and compliance support, ensure you stay ahead in the competitive AI landscape.

Fill out the form below or directly reach out to our IP and technology experts by emailing them at contact@iebrain.com to discuss how we can help you protect and optimize your AI-driven intellectual property.