Blikshteyn, Liu, Suarez and Shi in IAM: Patent Protection for AI Inventions

Haynes and Boone, LLP Partners Dina Blikshteyn, Charlene Liu, Vera Suarez and Counsel Hong Shi authored an article for IAM discussing patenting strategies for artificial intelligence inventions in today’s AI landscape. They also review the current legal framework for patenting AI technology in the United States and examine two case studies of AI inventions.

Read an excerpt below:

Today, generative AI is a groundbreaking field. Generative AI uses large language model (LLM) technology that helps with natural language processing and understanding. ChatGPT by OpenAI is a well-known chatbot that implements LLMs. Since its release in November 2022, ChatGPT became a pioneering generative AI model owing to its accessibility and ability to generate coherent and contextually relevant text in a conversational manner. OpenAI is also rolling out its commercialised platform known as GPT Store. The GPT Store allows various generative pre-trained transformer (GPTs) in different categories to become searchable and customisable for a user to build their own generative AI applications. This marketplace to monetise customised GPTs is similar to the App Store framework, where customised GPTs are hosted, developed, promoted and evaluated on OpenAI platforms, providing a marketplace for tailored AI models and services for specific tasks.

Owing to advancements in AI, companies are pursuing their intellectual property rights to keep and obtain a competitive edge in the AI landscape. Since January 2020, over 20,000 US patent publications relating to a ‘neural network’ or ‘machine learning’ have been filed. In this article, we will discuss strategies to procure patent rights over AI technology: what are AI inventions? How best to protect them with patents? What are the obstacles?

To read the full article in IAM, click here.