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Protecting Inventions Relating to Artificial Intelligence: Best Practices

An Intellectual Property Organization (IPO) White Paper

February 28, 2022

The Intellectual Property Organization (IPO) published the white paper, "Protecting Inventions Relating to Artificial Intelligence: Best Practices," written by members of its Software-Related Inventions Committee and the Artificial Intelligence & New Emerging Technologies Committee. Cantor Colburn partner David Kincaid serves on both committees; he co-chairs Cantor Colburn's Artificial Intelligence Practice Group

This paper seeks to discuss the patenting process as it relates to artificial intelligence (AI) and to aid practitioners and applicants in forming sound decisions when preparing and obtaining AI-related patents. In the first two sections, this paper provides considerations and best practices for preparing and prosecution patent applications in the US and abroad. In the third section, it explores the developing body of case law addressing patents involving AI and other software-related technologies.