Estimated reading time: 5 minutes
Summary:
Think you can’t get a patent for Artificial Intelligence (AI) tech? You’re not alone, but you might be mistaken. Discover the truth about patents for innovations like AI, quantum computing, crypto, and other computer and software inventions. And learn how the US Patent Office is welcoming your groundbreaking inventions.
Key Takeaways
- Many believe they can’t get patents for AI tech, but this is a dangerous myth that can leave innovations unprotected.
- The US Patent Office is moving towards a pro-innovation stance, clarifying that patents for AI tech are indeed possible and important.
- Obtaining patents for AI tech is crucial for securing market position, attracting investment, and providing licensing opportunities.
- Founders should document their inventions and focus on practical applications to enhance patentability.
- Seeking expert guidance can help navigate the complex landscape of software patents effectively.
Table of contents
Prefer to watch instead? Check out the video below.
The Scene: A Tech Conference
I love tech conferences. As a patent attorney, I get to meet brilliant people and see the future unfold in real time. The air buzzes with energy and new ideas. I walk through mazes of booths with flashy displays and virtual reality (VR) demos. Inevitably, I get drawn into a conversation with a passionate founder.
At a recent event, I stopped at a booth for a startup with an incredible AI-driven logistics platform. The founder, let’s call him Larry, was sharp and knew his product inside and out. He explained how his system used predictive AI to foresee supply chain disruptions before they happened. It was genius.
After his pitch, he asked me the classic question: “So, what do you do?”
“I’m a patent attorney,” I said.
Instantly, his energy shifted. The excitement in his eyes dimmed, and he leaned back dismissively. “Oh, that’s cool,” he said. “But not really for us. You know how it is with software and computer stuff… you can’t really patent it.”
The Dangerous Myth About AI Patents
Larry said this with complete confidence. He believed it was an obvious fact. So, I asked him where he heard that.
This is the part of the story I’ve heard countless times. Larry didn’t mention a random blog post. He stood up straighter, full of conviction.
“Our lead investor told us not to waste money on software patents,” he explained. “My mentor at our accelerator, a guy with two successful exits, said the same. Even our main business advisor warned us that patents are a dead end for what we do.”
Larry had a list of trusted, successful people telling him the same thing. They all gave him advice they genuinely believed would help him succeed.
And they were all mistaken.
I realized Larry was operating under a dangerous misconception passed down by the very people he trusted most. This single piece of bad advice could leave his brilliant idea completely unprotected and vulnerable to competitors. This mistaken belief is one of the most widespread and damaging myths in the entire tech world.
A New Era at the US Patent Office
I understand the confusion. For years, the lines around patenting software, algorithms, and abstract ideas were fuzzy. The legal landscape created uncertainty.
But things are changing. There is a fresh, pro-innovation tone at the US Patent and Trademark Office (USPTO).
Consider the first actions of the new USPTO Director. He wants to actively work to bring clarity to patent eligibility. The office is issuing guidance and running initiatives specifically to address inventions in AI and other emerging technologies. They are signaling a clear message: America’s innovation economy depends on protecting these new frontiers.
This sentiment was echoed at recent events where USPTO leadership highlighted foundational patents. The Director referenced Samuel Morse’s historic telegraph patent during the most recent patent signing ceremony. The Supreme Court upheld Morse’s key claim, not for the idea of electromagnetism, but for the practical machine that used it to transmit information.
The USPTO reminds us that such “applied technologies are foundational and form the backbone of America’s growth.” This is a direct parallel to modern innovation. You can’t patent a mathematical formula on its own, but you absolutely can seek a patent for a practical, real-world system that uses that formula to achieve a new and useful result. This is the very definition of most AI technology.
The message from the top is clear. The USPTO sees a “marketplace of breathtaking opportunity” and is reaffirming that patents for AI tech, crypto, and quantum computing are a critical part of it.
What This Means for Your AI Innovation
If you are building new AI tools, you are not on the fringe. You are on the frontlines of the exact type of innovation the US Patent Office wants to protect. The door is open for you.
Obtaining patents for AI tech is not just possible; it’s a vital business strategy. A strong patent portfolio can:
- Secure your market position against competitors.
- Attract and secure venture capital investment.
- Increase your company’s valuation for an acquisition.
- Provide licensing opportunities for new revenue streams.
Ignoring the opportunity to patent your core technology is like building a fortress and leaving the front gate wide open.
Your Next Steps to Protect Your Technology
If you are creating something the world has never seen before, now is the time to act. Don’t let an outdated myth put your business at risk.
- Document Your Invention: Keep detailed records of your development process, including diagrams, code structure, and descriptions of how your AI solves a specific problem in a unique way.
- Think Practical Application: Focus on how your AI is applied. How does it improve a computer’s functionality or solve a real-world technical problem? This is key to patentability.
- Seek Expert Guidance: The world of software patents is nuanced. You need a guide who understands both the technology and the law.
The landscape has shifted in your favor. Let’s make sure your innovation is protected. Book a call with Mark and let’s talk about your strategy.
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