Artificial intelligence is rapidly changing industries. With rapid growth in both innovation and AI patent law, inventors and businesses increasingly ask whether an artificial intelligence invention qualifies for patent protection. In short, yes, as long as it meets every patentability requirement. United States Patent and Trademark Office (USPTO) examiners often closely review AI patent applications to determine whether they involve patent-eligible technical solutions or merely abstract ideas that cannot be patented.
At Jones Intellectual Property, we help inventors, startups, and businesses protect cutting-edge technologies through strong, enforceable patents. Led by Michael Jones, a registered patent attorney with extensive technological experience, our firm provides affordable, personalized IP legal services, including helping our clients understand what they can and cannot patent.
What Is AI Patent Law?
AI patent law refers to the application of general U.S. patent law and principles to inventions that use artificial intelligence. These inventions must meet the same patentability standards as other technologies.
Yet, AI patent law presents special considerations because AI systems often depend on algorithms and large datasets, which may not be patentable. An AI invention must offer a practical, technical solution rather than just presenting a mathematical formula or abstract theory to be patentable.
Key Requirements for AI-Related Inventions
Can AI be patented? Yes, you can patent AI-related inventions. The same rules apply to AI-based patent applications and applications based on other types of inventions. To be patentable, an AI invention must be:
- Novel,
- More than abstract,
- Non-obvious, and
- Reproducible.
The USPTO closely scrutinizes patent applications to ensure they meet each requirement.
Eligibility (§101)
You can only patent inventions that cover patentable subject matter. U.S. law authorizes three types of patents: utility, design, and plant. Plant patents cover plants, and design patents cover ornamental designs. Most artificial intelligence patents fall under the utility patent category.
Utility patents allow inventors to patent any new and useful:
- Process,
- Machine,
- Manufacture, or
- Composition of matter.
You cannot patent abstract ideas, natural phenomena, or laws of nature. To be more than an abstract idea, the invention must provide a concrete, technical solution to a problem.
Novelty (§102)
A patentable invention must be novel—new—compared to “prior art,” a term that covers:
- Existing patents,
- Published applications,
- Academic papers, or
- Public uses of the technology that researchers or developers have already made available.
In the AI field, patent novelty analysis can be complex because research moves quickly and many disclosures appear in journals, preprints, or open-source code repositories. Applicants must carefully document how their invention differs from what others have already disclosed.
Non-Obviousness (§103)
A patentable invention is also non-obvious. To be non-obvious, the invention cannot be something that a skilled person in the field would consider an easy or predictable step to improve something. For AI inventions, this requirement often hinges on whether applying a known algorithm to a new context is obvious.
Enablement (§112)
The patent application must provide enough detail to enable another skilled person to build and use the invention. Successful applications typically include detailed descriptions of:
- Data inputs,
- Training methods,
- System architecture, and
- Performance benchmarks.
Reproducibility is essential to patentability.
Can You Patent an AI Algorithm?
If you can patent AI inventions, can you patent an algorithm? Generally, you cannot patent algorithms themselves. However, you can patent inventions that integrate algorithms.
The USPTO uses the Alice/Mayo test to decide whether an invention is too abstract to patent. First, USPTO examiners determine whether the claim relates to an abstract idea. If it integrates such an idea, the invention must include “significantly more” than that idea to be patentable. It must provide technical improvements to real-world problems.
Abstract Ideas
USPTO examiners consider abstract ideas to involve mathematical concepts, methods of organizing human activity, and mental processes. You cannot patent mathematical:
- Relationships,
- Formulas
- Equations, or
- Calculations.
Certain methods of organizing human activity are also too abstract to patent, including:
- Fundamental economic principles or practices like hedging, insurance, and risk mitigation;
- Commercial or legal interactions, including contracts;
- Legal obligations;
- Advertising, marketing, or sales activities or behaviors;
- Business relationships; and
- Managing relationships, personal behavior, or interactions between people.
You also cannot patent concepts performed in the human mind.
Technical Improvements and “Significantly More”
An application must include one or more elements beyond the abstract idea to qualify for a patent. It must provide a technical improvement. It must go beyond applying an algorithm to data to deliver a concrete benefit.
Examples of technical improvements in AI inventions include:
- Reducing power consumption in mobile devices,
- Improving resolution or accuracy in medical imaging,
- Increasing processing speeds in cloud computing,
- Enhancing cybersecurity through automated threat detection, and
- Optimizing data storage or retrieval efficiency.
By highlighting technical improvements, inventors show how their AI invention solves a real-world problem.
Best Practices for Strong AI Patent Applications
Strong AI patent applications:
- Frame claims around specific technical improvements, not abstract ideas;
- Provide detailed system architecture and data flow descriptions; and
- Demonstrate measurable improvements such as efficiency, accuracy, or reliability.
These practices help distinguish your invention from abstract concepts and strengthen your application.
Takeaways for Innovators
If you are exploring patent protection for an AI invention, keep this checklist in mind:
- Does the invention qualify as patent-eligible subject matter?
- Is it novel compared to prior art?
- Is it non-obvious to someone skilled in the field?
- Is the disclosure detailed enough for enablement?
Because AI patent law involves unique challenges, working with an AI patent attorney can significantly improve your chances of success.
Frequently Asked Questions
Can You Patent an AI Algorithm?
Generally, no—an algorithm by itself is just a formula. However, when applied to a technical improvement, it may be patentable.
What Makes AI Inventions Patentable?
They must meet the four requirements: eligibility, novelty, non-obviousness, and enablement, while demonstrating a clear technical benefit.
What Are Examples of Artificial Intelligence Patents?
Examples include AI systems that improve energy efficiency in mobile devices, enhance resolution in medical imaging, or optimize processing speeds in cloud computing.
Do AI Patent Laws Differ from Traditional Patents?
No. The same statutory requirements apply, but AI inventions face closer scrutiny because they often involve algorithms or abstract concepts.
Moving Forward with AI Patents
Inventors can improve their chances of securing valuable artificial intelligence patents by emphasizing technical improvements and providing detailed disclosures. At Jones IP Law, we understand both the technological depth and legal nuances of AI patent law. Our firm helps inventors, startups, and businesses secure strong patent protection for artificial intelligence inventions and other advanced technologies.
Contact us today to discuss your AI patent strategy and learn how we can help.
