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ARTICLE · 06 NOVEMBER 2023

Patenting AI: What You Should Know

Cooley LLP
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With the recent explosion in popularity of generative artificial intelligence (AI), an increasing number of companies are integrating AI into their products and services.

United StatesIntellectual Property
David Hopkins
David Hopkins
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With the recent explosion in popularity of generative artificial intelligence (AI), an increasing number of companies are integrating AI into their products and services. This includes companies designing new AI models, training known AI models on new data and integrating AI models into well-established products and industries.

We often are asked how best to protect such AI innovations and whether AI innovations are patentable. While general software-related patent guidance applies to AI inventions (and AI inventions can indeed be eligible for patent protection), there are a number of AI-specific factors worth considering when deciding whether and how to pursue patent protection for AI inventions. This article discusses considerations under US intellectual property (IP) law, although many of the general principles will be relevant for other jurisdictions.

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