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Patent strategy for artificial intelligence companies

Schell IP helps AI founders and technical teams evaluate inventions involving machine learning, model systems, and AI-enabled products. We focus on the technical contribution, the proposed claims, and the business reason for pursuing patent protection.

Abstract network of connected nodes representing artificial intelligence

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An AI label does not describe an invention with enough precision. The useful details may concern model operation, system architecture, computing efficiency, data processing, or a technical application. We help organize those details and distinguish patent questions from decisions about keeping valuable information confidential.

Explain the technical contribution

Patent planning starts with what the system does differently and how it achieves the result. Architecture diagrams, implementation alternatives, and appropriate evidence of a technical improvement can make the analysis more concrete. Eligibility and the other patentability requirements still need individual review.

When AI tools assist the inventive process, document the human contributions. Current USPTO guidance applies the same inventorship standard whether AI was used or not; only natural persons can be named as inventors. Treating AI as a tool does not remove the need for an accurate inventorship analysis.

Questions for an AI patent discussion

  • What changed in the technical system or its operation?
  • How is the improvement implemented and evaluated?
  • Which people conceived the claimed subject matter?
  • What would a patent disclosure reveal about the business's technical advantage?

Common questions

Can an AI-related invention be patented?

Potentially. The specific claims must satisfy eligibility and the other legal requirements; using AI alone is not enough.

Can an AI system be named as the inventor?

No. U.S. patent inventorship is limited to natural persons.

Should we patent a system or keep it confidential?

Consider disclosure, detectability, independent development, commercial life, and the measures available to preserve secrecy. The choice is specific to the technology.

Discuss the invention behind the AI product

Book a Free Consultation about your technical system and the patent questions it raises.

Meet patent lawyer Jeff Schell

Jeff Schell is a patent lawyer and entrepreneur who helps people and businesses in the artificial intelligence industry obtain and defend patent rights for their product portfolios. He connects patent strategy with product development, commercialization, and business priorities.

Based in Denver and Boulder, Colorado, Jeff is the founder of Schell IP, which is part of Whiteford, Taylor & Preston, LLP.

Meet Jeff Schell

Please share only a general description and your timing. Do not submit confidential invention details through this website. A consultation request does not by itself establish an attorney-client relationship.

Book a free patent consultation.

Learn how the entrepreneurial experience and legal expertise of patent lawyer Jeff Schell provides highly unique advantages for our clients.