Key Considerations for AI Patent Protection

Morgan Lewis partners Dion Bregman and Manita Rawat discussed artificial intelligence (AI) technology and the key considerations for determining patent protection for AI. The presentation included the various types of AI and when AI inventions can be patentable based on subject matter, novelty, and nonobviousness, as well as inventorship issues related to AI inventions.

Key Takeaways

• AI inventions are protectable via patents
  • Patentable subject matter considerations
    • Use of AI as a tool is not, on its own, patentable subject matter
    • Computer improvement, practical application, or patentable concept
  • Novelty and nonobviousness are not provided solely by inclusion of AI, but AI model/datasets can support novelty
• AI cannot be inventors
  • Do not list AI as an inventor
  • Treat AI as a tool or contributor solely to reduction to practice
  • Inventor(s) are the people that conceived of the invention

QUESTIONS?

Please contact Annette Barket. For CLE questions, please email CLE Credit Request.