Patenting AI innovations is more than filing early, broadly and often—it’s about drafting in a way that ensures both eligibility and durability. The strongest applications highlight technical improvements such as faster training, energy efficiency, or novel data structures, tie to solving technical problems, rather than framing the invention as an abstract algorithm.

A layered claim strategy is critical given the uncertainty as to which approach will succeed. By combining system claims, method claims, and computer-readable medium claims, applicants create multiple paths for protection and fallback positions if eligibility challenges arise. Clear, detailed definitions of AI concepts, along with evidence of concrete implementation and performance gains, are essential to withstand litigation and examination scrutiny. Merely disclosing the model architecture (e.g., CNN, RNN, transformer), processing steps or “black box” descriptions may not succeed without being supported the next layer of technology.

Jurisdictional differences further shape the strategy. U.S. examiners often push back on abstract ideas, while China prioritizes rapid expansion of AI filings. Europe emphasizes sufficiency and technical contribution to a technical problem, and all major jurisdictions focus on presenting detailed technical information.  A vigorous compliance with the U.S. concept that the inventor must show “possession of the invention” rather than a mere concept is a good starting point for satisfying multiple patentability standards as that generally leads to the next level of technical detail. Successful portfolios anticipate these differences while using divisional and continuation applications to adapt as the law and technology evolve.

Timing is equally important. Filing early secures position in the all the worldwide first-to-file systems, but ongoing refinements and competitor monitoring keep a portfolio strong. The broader landscape shows why this matters: recent data reveals a steep rise in AI-related patent filings globally, with leading companies building expansive portfolios across multiple industries. This sharp upward trajectory underscores the need to pair sound drafting with proactive, long-term management. 

Success looks like the same approach we have taken in the past when starting to patent new technologies such as software implemented inventions during the personal computing era of the ‘80s, digital storage, flat screens, biotechnology, nanotechnology and communications of the mobile, data and platform technology era of the 00’s and 10’s with respect to the need to convey detailed and demonstrated awareness of the technology with focus on the technical contributions in the patent applications and not relying as heavily on the algorithms and business processes as we might have during the Internet revolution of 90’s. 

Bottom line: AI patents must be technically grounded, globally tailored, and litigation-ready to deliver lasting competitive value.

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