In brief
The Intellectual Property Office of Singapore (IPOS) has released its Supplemental Guidance for the Examination of AI-Related Patent Applications ("Guidance").
This Guidance provides a quick reference for applicants seeking to protect their AI-related inventions and elaborates on the relevant sections of IPOS' Examination Guidelines for Patent Applications.
The Guidance emphasizes patentable subject matter and includes hypothetical AI applications across various technical fields, each accompanied by a mock analysis of example patent claims.
Understanding the patentability of AI-related inventions is crucial for innovators and businesses amid the rapidly evolving AI landscape.
By applying the relevant principles to hypothetical AI applications across various technical fields, this Guidance sheds useful light on the patentability of AI-related inventions and helps innovators, researchers and businesses navigate the complexities of patenting AI-related inventions.
In more detail
The Guidance covers the following points:
- Patentable subject matter: The Guidance elaborates on what constitutes patentable subject matter in the context of AI. It emphasizes that AI-related inventions must meet the same criteria as other inventions, including novelty, inventive step and industrial applicability.
- Hypothetical AI applications: The Guidance includes a set of hypothetical AI applications across various technical fields. Each example is accompanied by a mock analysis of example patent claims, providing a practical reference for applicants.
- Examination guidelines: The Guidance builds on the existing Examination Guidelines for Patent Applications of IPOS, providing additional clarity on how AI-related inventions are assessed. It highlights the importance of properly construing claims, identifying the actual contribution of the invention and ensuring that the contribution falls within patentable subject matter.
- Case-by-case assessment: The Guidance underscores that AI-related patent applications will be examined on a case-by-case basis. This approach ensures that each application is evaluated based on its specific merits and the information provided by the applicant.
Key takeaways
This Guidance brings together valuable insights for innovators and businesses regarding the patentability of AI-related inventions.
The inclusion of hypothetical AI applications and mock analyses across various technical fields offers practical insight into how AI-related patent claims are assessed, facilitating smoother patent application processes by demystifying them.
The alignment with international patent norms and practices also ensures that Singapore's approach to AI-related patents is consistent with global standards, thereby facilitating the protection of AI-related inventions in multiple jurisdictions.
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For further information and to discuss what this development might mean for you, please get in touch with your usual Baker McKenzie contact.
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