Can Simply Using AI Be Inventive?
Generative models have opened new possibilities, especially for Software as a Service (SaaS) companies. Intellectual property (IP) remains a key concern. Can an AI use-case be patented?
I have spoken to many founders who are providing value to customers by leveraging AI in their products. Some companies are taking off-the-shelf large language models (LLMs) and training them using specific data catered to their use case. Others are using APIs provided by OpenAI and Midjourney to generate text and images from automated prompts.
Although the use of off-the-shelf LLMs and prepackaged APIs is not re-inventing the wheel, it may still lead to patentable inventions. Generative AI is a tool like any other. Systems that use tools in an inventive way are, by definition, patentable.
An inventive use of AI could involve creating a new type of training dataset. You may be solving a problem where the available data is too noisy or too sparse for a given model. A non-obvious method of pre-processing training data to facilitate learning and achieve better results may be patentable.
Another inventive use of AI could be a novel automation of prompt generation and refinement. You may have tinkered with ChatGPT or Midjourney and understand common traps the AI falls into for your problem space. Creating a software method that takes end user inputs and iteratively refines them into optimal prompts for the AI may be patentable.
Every case should be evaluated individually, but most startups should file a provisional patent application covering these aspects.
A provisional patent application is a placeholder that maximizes a company’s IP rights, if done correctly. The placeholder establishes a filing date with the patent office. The patent office uses that date when assessing if your invention is truly novel and inventive. Thus, filing early gives you an advantage over competitors in your space.
Reasons to File:
1. They are cheap. The lowest filing fee is $60. If you hire an attorney or patent agent, don’t just go with the firms that every tech startup in Silicon Valley uses. They provide the exact same service as smaller shops, but they up-charge because VC-backed startups don’t know any better.
2. They buy time. The placeholder application gives you another year to further develop your technology. The information in the placeholder application will not be public until you decide to pursue your patent further.
3. They mitigate risks. Simply put, people like to talk. Investors will want to know how your technology works, and although it is unlikely that they will “steal” your idea, they will likely rave about it to others. Not even an NDA (which many investors refuse to sign) will protect against the tendency for information to spread. The placeholder is the only way to protect your rights and establish yourself as the original inventor with the patent office.
To learn more, contact this contributor:
Or visit his website at: brandostartups.com
