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Can I Patent my Technology That Utilizes ChatGPT / LLM / Other ML/AI Model?

September 08, 2023

With the current AI craze, one of the most common questions I get is “can I patent my technology that utilizes [ChatGPT / LLMs / known AI models]?”

The answer is…Yes! But sometimes, no. So, maybe.

There is nothing in the patent law that expressly excludes patenting of software inventions that make use of ChatGPT or other AI models. The same general tests for patentability are applied – is it novel, is it non-obvious, and does it meet patent-eligibility requirements?

Much of these answers depends on the specific technical details and how you draft the claim to the technology.

A very broad claim that boils down to “use ChatGPT to generate content relating to [X] application” in unlikely patentable regardless of the application.

But a claim that includes steps like:
– “obtaining data [in some particular way]”,
– “pre-processing the data to transform it [in some particular way]”
-“applying an AI model to the transformed data to produce some AI output,”
– “post-processing the AI output [in some particular way],” and/or
-“applying the transformed output to cause [some particular thing to happen,”
could very well be patentable if the “particularly way[s],” “particular thing,” and/or their combination are sufficiently novel, non-obvious, and application-specific enough to avoid being characterized as an ineligible “abstract idea.”

As with all patents, the specific details matter and a well-planned strategy is critical to deriving value.

Patent strategy, patent drafting, and patent prosecution is a complex and challenging process, and it is important to work with attorneys having relevant industry and technical expertise in machine learning, artificial intelligence, and related fields.  A qualified attorney can help you develop an effective strategy and plan, navigate the patenting process, and ensure your patent portfolio is aligned with your business goals. 

Amsel IP Law has extensive experience working with companies in the fields of machine learning (ML) and artificial intelligence (AI), ranging from early startups to large public companies.  The firm can work with you to develop a customized patent strategy that meets your company’s unique needs. Contact Amsel IP Law to learn more about our services and how we can help your company succeed in this exciting and rapidly-evolving field.

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