The advent of generative artificial intelligence (AI) has led to groundbreaking innovations in various fields, ranging from healthcare and finance to entertainment and design.
Technologies such as AI-driven image generation, text creation, and drug discovery have disrupted traditional industries, raising questions about intellectual property (IP) protection, especially regarding patents. With the rapid evolution of AI, patenting these technologies has become an increasingly complex and urgent issue.
The rise of generative AI
Generative AI refers to a class of AI systems capable of autonomously generating novel content, such as text, images, music, and even scientific discoveries. These systems are trained using vast datasets and powerful machine learning models like Generative Adversarial Networks (GANs) and Transformer models.
The applications of generative AI are vast, with notable examples including AI-generated artwork, language models like GPT (Generative Pre-trained Transformer), and AI-driven drug discovery platforms. Industries such as healthcare, finance, marketing, and design have already begun to leverage these technologies for enhanced creativity, efficiency, and automation.
The explosion of generative AI applications presents new challenges for patent law, which has traditionally focused on human inventors and tangible inventions. The question arises: how should patent systems address inventions driven by AI? As AI technologies advance, the need for clear patent guidelines becomes critical in ensuring that creators are incentivized and protected.
Patent eligibility for AI-driven technologies is based on three main criteria: novelty, inventiveness, and industrial applicability. However, applying these criteria to generative AI presents unique challenges. In generative AI, the “inventor” may not be human, as AI systems can autonomously create solutions, complicating ownership and inventorship.
Additionally, the novelty and inventiveness of AI-generated inventions are debated, given that AI systems often rely on existing data, raising questions about originality. Patent protection is crucial for incentivizing AI innovation, but determining ownership and whether AI-generated works should be patentable remains a key issue.
Patenting generative AI technologies presents challenges, particularly in defining AI’s role in the invention process. A key issue is determining the inventor when AI plays a significant role, as most legal systems require human inventors.
This raises questions about legal accountability and ownership of AI-generated innovations. Assessing novelty and inventiveness is also difficult, as AI systems process vast amounts of data, including existing patents, making it hard to determine if AI-generated inventions are genuinely innovative.
Additionally, patent law requires inventions to have technical character and industrial applicability, but generative AI often blurs the line between creative and technical fields, complicating patent eligibility.
Key patent guidelines and updates in generative AI
Recent developments in patent law have attempted to address these challenges, with patent offices across the globe issuing new guidelines for AI-related inventions. For instance, the United States Patent and Trademark Office (USPTO) issued guidance in July 2024 outlining conditions under which AI inventions may be eligible for patents.
According to the USPTO, AI-generated inventions must demonstrate technical character, novelty, and inventiveness to meet patent criteria. Additionally, the guidance clarifies that AI systems cannot be recognized as inventors but that human inventors who use AI to create new technologies may be entitled to patents.
International perspectives on AI patents vary, with each region adapting patent law to address the unique nature of AI technologies. In Europe, patents for AI-related inventions require a demonstrated “technical character,” meaning that the AI technology must provide a concrete, technical solution to a problem.
Japan’s patent system similarly focuses on whether an AI invention solves a specific technical problem, with an emphasis on the technical contribution of the AI system. South Korea also requires that AI inventions show industrial applicability, further emphasizing the need for AI-driven technologies to have tangible, real-world applications.
These international differences highlight the complexity of patenting generative AI technologies. Global patent systems must continue to evolve to accommodate these innovations while maintaining consistency in patent eligibility criteria.
To navigate the complexities of patenting generative AI technologies, companies must develop strong patent portfolios that protect both core AI models and specific applications. Securing patents on foundational technologies ensures protection of the intellectual property behind AI systems, while patenting specific applications in fields like healthcare and entertainment safeguards industry innovations.
Clear patent filing practices are essential, with applications requiring detailed descriptions, technical novelty, and well-defined claims. Jurisdictional differences in patent standards must also be considered. Collaborative innovation through patent pools and cross-licensing agreements helps address patent thickets and encourages further innovation in generative AI.
The role of AI in patent examination and innovation
AI is also playing a crucial role in the patent examination process itself. Patent offices like the USPTO and the European Patent Office (EPO) are increasingly using AI tools to assist in the examination of patent applications. These AI-powered tools help patent examiners search prior art, analyze patent claims, and detect potential infringements more efficiently.
While AI tools can significantly speed up the examination process, they also present challenges in ensuring that the tools themselves are accurate and unbiased in assessing patent eligibility for AI-related inventions.
Moreover, AI systems are not just tools for patent offices; they are also drivers of innovation. AI technologies can generate novel inventions, designs, and solutions, which can subsequently be patented. For example, AI has been used in fields like pharmaceuticals, where it helps design new molecules for drug discovery, and in robotics, where it aids in the development of novel mechanical systems. As AI systems continue to evolve, their potential to contribute to patentable innovations will only increase.
Ethical considerations and legal implications of patenting AI technologies
The rise of AI in the innovation process has sparked debates around intellectual property ownership. If an AI system creates an invention, who owns the patent? Should the AI itself be recognized as an inventor, or should the credit go to the human developers who designed the system? These ethical and legal questions are central to the ongoing development of patent laws that account for AI’s role in the creative process.
Balancing open-source AI research with patent protection is another ongoing issue. While open-source projects foster collaboration and innovation, patents can provide financial incentives for developers. Striking a balance between these two approaches is essential to ensuring that AI technologies remain accessible while encouraging innovation.
Furthermore, patent thickets in generative AI could stifle innovation by creating barriers to entry for new companies and researchers. To avoid this, policymakers and patent offices must ensure that patenting does not create monopolies in AI technology, thereby maintaining a healthy competitive landscape.
Future trends and predictions
As AI technologies continue to evolve, patent laws will likely undergo significant changes. Predicting the future of AI patenting is complex, but it is clear that global efforts will be needed to harmonize patent eligibility criteria. International organizations like the World Intellectual Property Organization (WIPO) will play a key role in creating standards for AI patents that ensure consistency across jurisdictions.
With the increasing volume of AI-related inventions, the growth of patent filings in the AI sector is expected to accelerate. New patent strategies will emerge, and AI will continue to play a pivotal role in shaping the future of innovation. As AI systems become more advanced, their ability to generate novel inventions will create new challenges and opportunities for patent law.
Copyright Business Recorder, 2025
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