intelligent

• Are you looking to collaborate with other parties ? If you are , then this would be a factor in favour of applying for patent protection

• Are you looking for investment ? If you are , then this would be a factor in favour of applying for patent protection

• Are there alternatives to the underlying technology that perform just as well ? If there are , then this would be a factor against applying for patent protection

• How quickly is the underlying technology likely to become redundant ? If it is likely to become redundant in a year or two , then this would be a factor against applying for patent protection

• Is it possible to keep the underlying technology confidential ? If it is , then this would be a factor against applying for patent protection

• Similarly , could a competitor keep their use of the underlying technology confidential ? If it is , then that would be a factor against applying for patent protection .

• Could there be a tax advantage to obtaining patent protection , such as the patent box scheme in the UK ? If there could , then that would be a factor in favour of applying for patent protection .

From the above , it will be apparent that the process of obtaining patent protection for AI-based innovations involves challenges including the initial decision concerning whether to apply for protection , the preparation of the application documents and the prosecution of the patent applications in the countries of interest . These challenges are significantly more difficult than in many other areas of technology given the emerging nature of AI technology and the application of patent law to protecting AI technology .

A long and winding road

In conclusion , SMEs and growing start-ups should engage with patent protection from the start regardless of its complexities . The fact is , that every day a company waits to file a patent for a given invention is a day when someone else might beat it to the punch ; something especially common when working with innovations in such popular fields as ML or AI .

Even if going ahead with patent applications is not possible from the get-go , it is valuable to make sure that any information that might , in the future , be relevant to a patent application is recorded with great accuracy and stored safely . Information that would tell a skilled person how to work the invention should be kept strictly confidential until after the patent application is filed , as it is generally impossible to get a patent for something if it is in the public domain .

A lack of industry-specific support is also no excuse to shy away from taking on the question of whether to patent AI algorithms head on . There is a growing number of professionals specialised in this algorithmic innovation and able to support SMEs , and as they go through the patenting process together with innovators , they are amassing valuable and practical knowledge that can benefit other companies too . Businesses need to seek this out when necessary , so they can turn patenting from a worrying headache to a crucial process in the growth and development of their venture . �

WHILE THE PRACTICE AT THE PATENT OFFICES IS EVOLVING , WHICH TYPES OF TECHNOLOGICAL APPLICATIONS ARE MORE SUSCEPTIBLE TO PATENT PROTECTION ARE BEING CONTINUOUSLY MONITORED BY PATENT PROFESSIONALS .