AI Patent Acquisition Strategies
Pine IP Firm
December 24, 2024
AI technology is expanding its impact across the economy and society, extending beyond fields such as healthcare, bio, finance, manufacturing, autonomous driving, robotics, and the Internet of Things (IoT), enabling companies and research institutions to create new added value. Consequently, the number of applications for AI-related technologies is rapidly increasing in the global patent market. Major patent offices worldwide (EPO, JPO, KIPO, CNIPA, USPTO) are continuously striving to assist applicants by reorganizing their examination standards for AI-related inventions and providing clear guidelines. This column, based on data from the IP5 patent offices, explores strategic approaches and key points for securing artificial intelligence patents and proposes methods for building a differentiated patent portfolio utilizing these insights.
In an environment where AI technologies are interconnected and cross-utilized globally, patent strategies solely targeting the domestic market may face limitations. The IP5 patent offices (European Patent Office EPO, Japan Patent Office JPO, Korean Intellectual Property Office KIPO, China National Intellectual Property Administration CNIPA, United States Patent and Trademark Office USPTO) systematically disclose AI invention examination guidelines, case law, and case studies, allowing applicants to understand and prepare for subtle differences in national examination standards.
The first consideration when filing an AI technology patent application is the requirement for patent eligibility. Mere mathematical algorithms or abstract concepts may be excluded from patent protection. To prevent this, the invention must possess concrete and substantial technical features that solve real-world technical problems.
Based on this, applicants must reduce the degree of abstraction and secure patent eligibility by clearly describing specific technical features, problem-solving methods, and technical effects in the specification and claims.
AI technology involves complex elements such as algorithms, model structures, datasets, and training and inference processes. Therefore, strategic descriptions are necessary to meet the requirements of clarity, enablement, and written description (support).
In the strategy for securing AI technology patents, the assessment of novelty and inventive step is a key point. Simply applying AI algorithms to existing technologies, such as slightly improving performance using open-source libraries, makes it difficult to obtain recognition for inventive step.
The IP5 patent offices support applicants in understanding different examination standards through international comparative studies of examination guidelines and standards for AI-related inventions, joint symposia, and seminars. Utilizing these comparative materials allows for early identification of country-specific standards to formulate application strategies or to concretize strategies for securing patent protection in one market and then expanding to others. In particular, by comparing and analyzing similarities and differences between countries through comparative research results between JPO, EPO, and KIPO, or through materials from international symposia, more efficient global patent strategies can be developed.
AI is not merely 'a technology' but a convergence technology that drives innovation by combining with various industrial fields. For example, the requirements and technical challenges differ for fields such as medical AI, manufacturing AI, autonomous driving AI, and fintech AI, and patent offices in each country may provide examination guidelines that reflect these specificities. Therefore, applicants must analyze their respective technology fields and closely examine cases and examination trends for AI inventions in those fields. This enables the implementation of field-specific claim configurations, specification description strategies, and pilot applications in various countries, ultimately leading to a qualitative and quantitative expansion of the patent portfolio.
AI technology is rapidly evolving, and it is difficult to secure sustained competitive advantage through one-off patent applications.
Finally, to gain insight into the differing examination standards by country and complex technical content, collaboration with specialized patent attorneys or patent law firms is essential. Experts can assist in developing customized strategies by considering trends at each patent office, case law, and industry best practices. Furthermore, by utilizing patent analysis tools and AI-based prior art search tools, comprehensive patent strategies can be established, including understanding competitor trends, identifying white spaces, and analyzing potential infringement risks.
The strategy for securing artificial intelligence patents goes beyond simply protecting inventions; it plays a crucial role in securing a company's future technological leadership, establishing market preeminence, and fostering long-term business growth. By fully utilizing the guidelines, case law, and comparative research results provided by the IP5 patent offices, one can grasp national examination standards and trends, and develop effective strategies for specification description, claim configuration, and securing novelty and inventive step. Furthermore, through field-specific strategies, portfolio expansion, and the utilization of expert personnel, a solid patent position can be established in domestic and international markets. Such comprehensive and systematic AI patent acquisition strategies will strengthen competitiveness in the AI innovation ecosystem and contribute to the long-term success of businesses.
If you wish to reliably protect your innovative ideas in the global market, it is essential to develop a strategy with professional patent experts. Pine IP Firm, with its extensive experience in advanced fields such as AI and ICT, supports the construction of customized patent portfolios and the efficient acquisition of rights.
