Generative Artificial Intelligence (GenAI) is transforming industries at an unprecedented pace, with businesses and researchers rapidly advancing AI-driven innovations. However, as the technology evolves, so does the intellectual property (IP) landscape.
Recent reports from the World Intellectual Property Organization (WIPO) and IP Australia highlight global and Australian trends in patenting AI and computer-implemented inventions.
The Global Boom in GenAI Patents
According to WIPO, GenAI-related patents have surged from just over 700 in 2014 to more than 14,000 in 2023, driven by breakthroughs in deep learning and transformer-based models. China leads global patent filings, with companies like Tencent, Baidu, and Ping An Insurance Group at the forefront. The Chinese Academy of Sciences is also a major player in AI research and patenting.
Meanwhile, U.S. tech giants such as IBM, Google (Alphabet), and Microsoft hold strong positions but face growing competition. This explosion in patents reflects the increasing commercial interest in AI applications across healthcare, finance, and creative industries. AI-generated content, predictive analytics, and automation are just a few areas where businesses are leveraging GenAI for innovation.
Australia’s Patent Landscape for AI and Computer-Implemented Inventions
While Australia is not a dominant force in AI patent filings, computer-implemented inventions make up around one-third of all patent applications in the country. However, a portion of these applications falls into a legal grey area, where the distinction between patentable innovation and abstract ideas remains unclear.
Australia’s approach to granting patents for such inventions is more conservative than the U.S. but more flexible than Europe. Australian law requires a “technical contribution” for eligibility, ensuring only genuine technological advancements receive protection while preventing overly broad claims.
Challenges in Patenting GenAI
One of the biggest hurdles in patenting AI is determining the eligibility of AI-generated inventions. Many jurisdictions lack clear guidelines on whether AI-generated outputs—such as autonomously created code or AI-driven design processes—can be patented, and if so, who qualifies as the inventor.
In the U.S., court rulings like Alice Corp. v. CLS Bank International have made it harder for software-based patents to be granted unless they demonstrate an inventive concept beyond an abstract idea. The European Patent Office (EPO) requires AI inventions to show a “technical character,” meaning they must contribute to a field of technology rather than merely process data.
For Australian innovators, understanding these international variations is crucial, particularly when seeking patent protection in multiple jurisdictions. Patent applications must be carefully structured to align with each region’s legal standards.
Key Takeaways for Businesses
To protect AI-driven innovations, businesses and researchers should adopt a multi-faceted approach:
Beyond Patents: While patents are essential, consider using trade secrets and copyright to safeguard certain AI-driven processes and outputs.
Global Awareness: Each country has different requirements for AI patents. Tailoring applications to meet the specific legal criteria of the countries that are most commercially important for the invention will result in increasing the likelihood of approval where patent protection is most needed.
Industry Collaboration: Engaging with policymakers and industry groups helps shape the evolving IP framework and ensures innovation remains protected while fostering responsible AI development.
The rapid rise of Generative AI presents both exciting opportunities and legal complexities for businesses and innovators worldwide. While China and the U.S. dominate AI patent filings, Australia is establishing its own approach to protecting computer-implemented inventions. With the evolving legal landscape, it’s crucial for businesses and researchers to stay informed and take strategic steps to safeguard their innovations.
Protect Your IP with Expert Guidance
At Wynnes Patent and Trade Mark Attorneys, we are dedicated to helping you secure and defend your IP. Don’t wait for a dispute to arise – take proactive steps to protect your AI-driven innovations today.
Contact us now to ensure your intellectual property is secure and well-protected.
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Key Insights from IP Australia’s 2024 Intellectual Property Report
Key Insights from IP Australia’s 2024 Intellectual Property Report
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