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Recent debates about AI patentability have focused on whether the outputs of an AI system, such as a neural network, can be patented. If you thought that was a cutting-edge question, then consider whether an input to an AI system, such as a prompt to a large language model (LLM), can be patented.
United States It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to subject matter eligibility with an eye towards succeeding in patenting domestically and internationally. In the U.S., computer-implemented inventions such as software and business methods are patentable, yet hurdles abound. When assessing the eligibility of software and business method patents, the U.S. Patent and Trademark Office applies the two step framewor...