Is Machine Learning Algorithm are Patentable?
It’s no secret that you can’t own an algorithm. You can own the code it’s written in, but the computer language isn’t itself considered intellectual property, even if you register it with the US Patent and Trademark Office (USPTO).
But what if you want to try to gain control of your algorithm? You can, but there are some barriers you may run into along the way.
This guide will help you figure out whether or not it makes sense to take steps to patent your algorithm and how to go about doing so successfully.
Introduction
In the United States, there is no set answer on whether or not machine learning algorithms are patentable.
There have been some cases where a patent has been granted for an algorithm that is used to do tasks like identifying patterns in data sets.
However, the grant of these patents has been controversial and it is hard to predict what will happen next.
The patentability of machine learning algorithms is hotly debated among patent attorneys and practitioners in the United States.
The recent boom in AI development has created a need for machines to be able to improve their processes without human intervention.
A lot of these artificial intelligence applications use machine learning algorithms and because of that, it makes sense that people are wondering if they can be patented or not.
Unlike other types of software, there is no straightforward answer to whether or not a machine learning algorithm will be protected under U.S. law because it depends on several factors that can make or break your chances at securing a patent for an AI application you develop.
What is a patent?
A patent is a property right granted by a government that allows the owner to exclude others from making, using, or selling the patented invention without permission.
Patents protect inventions and give inventors the exclusive rights to their creations. In order for an invention to be patentable, it must fulfill three basic requirements: novelty, utility, and non-obviousness.
If a patent is granted for an invention that has been made public in any way before the filing date of the patent application, then it is considered as not novel.
Utility refers to whether or not the invention can be used commercially or if it is practical enough to work on a large scale basis.
The requirements for getting a patent
To get a patent, you need to have an invention that is new, useful, and not yet in public use or on sale.
You also need to be the inventor and show that you have a working model of the invention.
For computer software or algorithm, this means that it needs to be stored on a tangible medium so it can be read by computers.This includes any type of algorithm for machine learning.
Patent Eligibility Criteria for Software PatentsAccording to the USPTO, there are two criteria that need to be met in order to determine whether your invention is eligible to receive a patent.
First,
The invention must fit into one or several of the following categories:
- Machine
- Method
- Article of manufacture
- Composition of matter
Second,
your invention must serve a purpose — be useful, and not fall into any of the following categories:
- Laws of nature
- Physical phenomena
- Abstract ideas
The benefits of having a patent
A patent is a legal document (or privilege) that gives the inventor exclusive rights to produce, sell, and use his or her invention for a set period of time. Patents can protect intellectual property from being stolen by others who may have come up with similar ideas.
It is generally not difficult to get a patent, but it does take time and money (depending on the complexity of your idea). The benefits of having a patent:
How to get started with the patent process
There are two types of patents in the world of artificial intelligence. A patent that covers the invention itself, and a patent that covers the implementation of an algorithm.
In order to get a patent for your invention, you need to apply with your country’s patent office.
Patents can be highly valuable assets, so it is worth taking some time to understand the process and how best to protect yourself.
In order to get a patent for an algorithm, you need to apply for one with the United States Copyright Office (USCO).
You will then have rights over any implementation of your algorithm in any form, including software as well as hardware implementations.
Is Copyrights and Patents are same?
First,which is for which, A copyright protects the expression of an idea while a patent protects the idea itself. Patent works more on a design while copyright is another work of an already described design. Patent works in a very complex way. Its registration and verification are much longer and tedious.
Note: All of the things might changes between region.So, it is better to take a legal advice.
