There are numerous complex requirements for successfully prosecuting a patent. The business seeking patent protection needs to conduct thorough research to validate the claim that the concept or product they intend to patent is not already protected under an existing patent. Companies have to submit thorough and clear applications to the United States Patent and Trademark Office (USPTO).
Even after securing the patent, conflict can arise. Litigation related to patents is relatively common. Those moving into cutting-edge sectors of the economy, including technological research, may be at increased risk of patent-related conflict in the future. Artificial intelligence (AI) patents, in particular, may open the door to conflict in the future.
There are already thousands of AI patents
Although generative AI is relatively new technology, there are already thousands of existing patents that apply to this niche sector of technological development. A large percentage of those patents are held by Chinese companies, in particular.
Market experts assert that Chinese companies tend to prioritize quantity over quality when prosecuting patents. They look for ways to protect future revenue streams by securing patents early for new concepts, products and processes. Analyses of what companies hold generative AI patents make it clear that several Chinese companies currently dominate this area of intellectual property.
While that may mean that there is opportunity for domestic development, there’s also substantial risk involved in securing a patent related to AI. Businesses have to thoroughly review the existing patents already granted to other companies to ensure that they do not duplicate any of the technology protected by those existing patents. They may also need to take great care, as the technology that powers AI often requires access to or licensing for other patented concepts.
As organizations rush ahead attempting to develop the next exciting product that businesses, consumers or even researchers can use, they may find themselves facing enforcement efforts by organizations that may already have patented certain ideas or processes. Attempting to investigate existing patents in addition to working to develop technological breakthroughs can result in companies overextending themselves.
Bringing in outside assistance when researching and prosecuting a patent can take a lot of pressure off of organizations hoping to move quickly to protect concepts in the ever-evolving world of modern technology. Organizations prioritizing AI development likely face a complicated patent process ahead and may benefit from securing support as soon as possible.