“GenAI Patents are Getting Tougher to Secure – Here’s How Legal Departments Can Boost Their Chances”
January 31, 2025Marshall Gerstein’s Michael Anderson wrote a column published by Today’s General Counsel that gives legal departments guidance on managing the emerging challenges of obtaining a patent for innovations with a generative AI component. As the U.S. Patent & Trademark Office becomes more familiar with reviewing patent applications that incorporate AI technology, we will probably see more – and tougher – rejections related to subject matter eligibility, Michael predicts.
“Legal departments should consider how the increasing challenges of patenting GenAI inventions might shape their approach to preparing patent applications,” Michael writes. “This is a crucial point because once a non-provisional application is filed, the applicant is locked into the material it contains.”
Michael provides three actionable steps to keep in mind when filing AI patents and encourages applicants to provide as much detail as possible to increase the probability of obtaining a patent.
Read Michael’s column in Today’s General Counsel here.