How Startups Can Build an AI Patent Portfolio Before Competitors Do
The startups that build defensible AI patent portfolios are not the ones with the biggest budgets. They are the ones that started early, filed strategically, and treated patents as a business asset rather than a legal formality. This post covers the timing, priorities, and portfolio-building decisions that give AI startups a competitive...
Software vs. AI Patents: Identifying the Right Protection Strategy for Your Technology
Software patents and AI patents protect different things and follow different rules. A software patent covers a specific technical process or system. An AI patent covers a model architecture, training methodology, or AI-driven technical improvement. Most technology products that incorporate AI need to think about both, and some parts of your product...
AI-Assisted Inventions and U.S. Patent Eligibility Under Section 101
AI patent eligibility under Section 101 is determined by a two-step framework that asks whether your claims are directed to an abstract idea and, if so, whether they add something more. The 2024 USPTO guidance gives applicants specific examples of what passes and what does not. Understanding that guidance before you file...