Artificial intelligence is transforming industries. With this growth comes a common question: Are AI inventions patentable? AI innovations can qualify for patents if they meet patent eligibility standards under U.S. law. They must go beyond abstract ideas and demonstrate clear, technical applications. Many AI patent applications fail primarily because the applicants do not describe the technology with enough specificity.
At Jones Intellectual Property, we help innovators navigate this challenge. Led by Michael Jones, an AI patent attorney with deep technological and legal knowledge, our firm provides affordable, personalized intellectual property services. If you are developing AI technology and want to discuss your patent options, contact Jones IP Law.
Patent Eligibility and AI
Artificial intelligence promises efficiency, prediction, and optimization. Yet the United States Patent and Trademark Office (USPTO) rejects many AI inventions because examiners consider them abstract ideas, not real-world applications.
Inventors cannot own algorithms or mathematical formulas, so they cannot patent them. Generally, AI systems center on algorithms and formulas. For AI inventors, the key to patenting an AI innovation is showing that the AI system delivers a practical, technical solution to a real problem.
What Does Patent Eligibility (§101) Mean?
Patent eligibility is a question of which types of inventions qualify for patents in the U.S. The government offers utility, design, and plant patents. Design patents are for ornamental designs, and plant patents are for plants. Most AI innovations fall under utility patents, which are the most common.
Utility patents cover any new and useful:
- Process—a method of doing something;
- Machine—a device with moving parts or software;
- Manufacture—a physical product or article; or
- Composition of matter—a chemical or material substance.
You cannot patent laws of nature, natural phenomena, and abstract ideas.
Abstract Ideas
USPTO examiners consider abstract ideas to involve:
- Mathematical concepts,
- Methods of organizing human activity, and
- Mental processes.
Methods of organizing human activity include, for example, economic practices like insurance, legal and business obligations, advertising and sales activities, and interpersonal relationships. You also cannot patent tasks performed in the human mind.
Technical Applications
A technical application means the invention does more than state an idea or formula. It applies that idea in a specific, practical way that improves technology or a process. USPTO examiners look for applications that show how the invention operates within a system or solves a real-world problem.
By contrast, statements like “AI that improves decision-making” or “AI that makes better predictions” describe outcomes without tying them to a concrete system or measurable process. As a result, they do not show a technical application.
Why Patent Eligibility Matters for AI Inventions
AI inventors may submit applications that are too broad or vague, failing to:
- Tie the invention to a practical, technical solution, meaning a measurable benefit;
- Show how the system improves performance, efficiency, or accuracy; and
- Prove that the claimed process goes beyond reasoning or calculations a person could do in their head.
In short, patent eligibility ensures that the invention is more than a concept.
Key Patent Requirements Beyond Eligibility
Even if an AI invention clears the eligibility threshold, it must also satisfy the other patent requirements:
- Novelty. The invention must be new, meaning no one else has disclosed it in public sources.
- Non-obviousness. Inventors cannot create an obvious variation of existing technology; the invention must represent a genuine step forward.
- Enablement. The application must describe the invention in enough detail that a skilled person in the field could reproduce it.
Eligibility is only the first step. Patentable inventions must also meet the other statutory requirements, in addition to subject-matter eligibility.
Best Practices for Drafting AI Patent Claims
When drafting an AI patent application:
- Emphasize how the AI improves a process, not just what it does;
- Highlight system-level benefits such as faster data processing, reduced error rates, or more efficient use of energy;
- Support claims with technical materials like flowcharts, architecture diagrams, and detailed descriptions; and
- Describe the input-output relationship (what goes into the AI and what comes out) and the internal processing steps (how the AI transforms inputs into outputs).
These practices help examiners see that the invention applies AI in a real-world context, not just abstract reasoning.
Examples of Eligible vs. Ineligible AI Claims
An eligible claim might involve an AI system that dynamically allocates resources in a manufacturing plant to reduce energy consumption by 15 percent. This specific reduction in energy consumption ties the invention to a measurable, technical improvement.
Alternatively, an AI system that “improves predictions” in a generic way is likely ineligible. Without specifying the context, system, or technical effect, the claim describes only an abstract idea.
Takeaways for Innovators
Examiners scrutinize AI patents closely. When submitting a patent application, innovators should remember:
- Claims must link AI to a technical improvement—a particular, practical benefit;
- Patent eligibility requires specific details, not broad concepts; and
- Working with an AI patent attorney can make the difference between approval and rejection.
Innovators who consult with an attorney early can identify patentable inventions, avoid common errors, and improve their chances of success.
Frequently Asked Questions (FAQs)
What Is Patent Eligibility under §101?
Eligibility refers to whether an invention qualifies as patentable subject matter under U.S. law. The USPTO excludes abstract ideas, natural laws, and natural phenomena.
Can AI Algorithms Be Patented?
Algorithms alone do not qualify. However, the USPTO may approve a patent if inventors integrate algorithms into a system that delivers a technical improvement, such as faster processing or reduced error rates.
How Does USPTO Evaluate AI Inventions?
The USPTO applies the Alice/Mayo test. In that test, examiners ask whether the claims target an abstract idea and, if so, whether they add “something more”—an additional feature that grounds the concept in a specific, practical use—that makes the invention patentable.
What Are Common Mistakes in AI Patent Applications?
Applications often fail because they:
- Claim broad, abstract concepts without technical grounding;
- Provide little detail about how the AI system works; or
- Do not connect the AI invention to measurable improvements in a real-world system.
Avoiding these mistakes increases the likelihood of securing AI patents.
Moving Forward with Jones Intellectual Property
Patent eligibility often challenges AI innovators, but an experienced AI patent attorney can help. At Jones IP Law, we combine an engineering background with over a decade of patent prosecution and litigation experience. We guide inventors, startups, and businesses through every stage of the AI patent process, from eligibility analysis to claim drafting and portfolio management.
If you are ready to pursue a patent for your AI invention, contact Jones IP Law today.
