The United States Patent and Trademark Office (USPTO) has seen a significant increase in patent application filings related to Generative Artificial Intelligence (GenAI), particularly within Tech Center 2100, which focuses on computer architecture and software. This upward trend in filings is expected to continue through the end of 2024 and highlights the burgeoning innovation in AI and simulation technologies.
Patents for GenAI inventions are not without their challenges. Applications commonly encounter rejections under Section 103, which concerns obviousness, and Section 101, focused on subject matter eligibility. While Section 103 rejections are prevalent across various categories, Section 101 rejections are especially common for computer-related inventions, including those involving GenAI.
Despite these hurdles, Tech Center 2100 has showcased a comparatively promising landscape for GenAI inventors, boasting an allowance rate of approximately 79%. This rate is notably higher than that of Tech Center 3600, which is known for its stringent rejections under Section 101. For instance, Tech Center 3600, which handles a range of technologies such as transportation, electronic commerce, and national security, has been reported to have an allowance rate of 63% due to the complexity of its review processes, particularly in areas like business methods.
By contrast, other tech centers like 2600 and 2400 have excelled even further, reaching allowance rates of up to 97%. This variance in allowance rates underscores the strategic consideration faced by inventors when selecting the appropriate tech center for their applications.
In 2021, Tech Center 2100 alone received 337 filings related to GenAI inventions, with other tech centres managing five or fewer applications in the same category. This concentration indicates the central role Tech Center 2100 plays in advancing the field of AI-related patents.
The increasing interest in GenAI patents is reflected in ongoing trends within the tech sector, influenced by the demands for automation and AI integration across various industries. As organisations continue to leverage these innovations, the significance of patent filings in protecting intellectual property becomes paramount.
For patent professionals and inventors, understanding these trends and navigating the complexities of the patent application process in relation to GenAI is essential. As highlighted in a report, Tech Center 3600's mix of business technologies has led to its notorious rejections, making it advisable for inventors to consider this when seeking patent protection for their AI inventions.
For comprehensive guidance on patenting AI technologies, readers are directed to resources that detail best practices and strategies for navigating the patent landscape in this evolving field.
Source: Noah Wire Services