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Best practice for patenting AI

Published on March 23, 2022 by Matt Hervey

Best practice for patenting AI

The US Intellectual Property Owners Association has published extremely valuable new guidance on best practice for patenting AI.

The guidance, entitled “Protecting Inventions Relating to Artificial Intelligence: Best Practices”, includes:

  • questions to ask inventors to flush out technical features (such as inputs, pre- and post-processing, architecture and training process);
  • patent counsel’s role in identifying potential ethical problems (such as bias, privacy and social impact);
  • cross-border considerations;
  • the law on inventorship, including AI as inventor;
  • drafting tips for excluded subject matter and sufficiency (and best mode);
  • choosing between patent or trade secret protection; and
  • drafting tips and other considerations for enforceability, such as detectable features, cloud deployment and standard-compliant features.

As that list immediately demonstrates, this is an extremely useful guide to AI-related patenting: “all killer, no filler”.

About the author(s)

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Matt Hervey
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Matt Hervey is Head of Artificial Intelligence (UK) at Gowling WLG (UK) and advises on Artificial Intelligence (AI) and IP across all sectors, including automotive, life sciences, finance and retail. Find out more about Matt Hervey on the Gowling WLG website. He is co-editor of The Law of Artificial Intelligence (Sweet & Maxwell).

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Matt Hervey

Matt Hervey is Head of Artificial Intelligence (UK) at Gowling WLG (UK) and advises on Artificial Intelligence (AI) and IP across all sectors, including automotive, life sciences, finance and retail. Find out more about Matt Hervey on the Gowling WLG website. He is co-editor of The Law of Artificial Intelligence (Sweet & Maxwell).

Filed Under: AI, Intellectual Property Tagged With: Artificial Intelligence (AI), Intellectual Property, Patents, Tech

Views expressed in this blog do not necessarily reflect those of Gowling WLG.

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LoupedIn is the Official Gowling WLG Blog. Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.

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