Artificial intelligence is increasingly becoming a core component of new innovations. Its role ranges from analytics to automation and decision support. But what happens when an AI-based solution is to be protected by a patent? Is AI itself patentable—and what should be included in the application?
In this article, we go through the key principles: when an AI-related invention may be patentable and how it should be described in a patent application.
Although AI as a technology has developed rapidly, its assessment from a patent perspective is still based on familiar fundamental principles. An invention must be:
However, in AI-related inventions, one requirement stands out above the others: technical effect.
A mere algorithm, mathematical model, or reference to machine learning is usually not sufficient to obtain a patent. The solution must produce a concrete technical improvement.
This may include, for example:
In contrast, solutions that relate solely to, for example, classifying or presenting information without a technical effect often fall outside patentability.
It is also important to note that simply adding AI to an existing solution does not automatically make it inventive. What matters is how AI improves the technical functioning of the solution.
Even if an invention is in principle patentable, the decisive factor is how it is described in the patent application. The key is to describe it comprehensively and with sufficient technical detail so that the reader understands the technical benefit achieved.
A patent application consists of:
In AI-related solutions, one of the most common challenges is overly general descriptions. Simply mentioning “AI” or a “neural network” is not enough.
The application should describe as concretely as possible, for example:
In other words, referring to AI as a “black box” is not sufficient. It is essential to explain what happens inside the box and why it has technical significance.
A concrete example helps clarify the requirements.
If an invention relates to facial recognition, the patent application should describe:
If facial recognition is used, for example, in an access control system to open doors, the technical effect can be clearly demonstrated. In such a case, AI is not a separate element but a key component of a technical system.
For AI-related inventions, there is rarely a simple yes-or-no answer to patentability. The assessment is based on the overall picture:
Often, the decisive factor is not only the idea itself, but how it is presented.
Protecting AI-related inventions requires both technical understanding and experience in patent practice. Decisions made at an early stage can significantly affect the level of protection that can be obtained.
At Berggren, we combine technical and legal expertise to ensure that the core value and technical effect of your AI solution are properly identified and described. We help assess patentability, draft applications strategically, and ensure that your solution receives the strongest possible protection.
Are you considering patenting an AI-related invention?
Contact our experts to discuss how best to protect your invention.
Blog post written in collaboration with Juho Aalto.