Despite the impression that AI is primarily software based and software patents are difficult to obtain and enforce, recent data about published applications – those waiting to issue – indicate that more AI patents are waiting to be granted than currently have been issued.
Worldwide there were 718 granted Machine Vision patents between November 2022 and January 2023. There are 1,227 applications pending. Most are likely to issue.
In Machine Learning, the issued amount is 851 versus 1,045 applications pending. For Natural Language Processing, it is 541 issued vs. 720 in the pipeline. The data is courtesy of DexPatent, an IP research and management firm.
To Have and Have Not
For those who think innovation in these areas of AI is fairly mature, there appears to be room to grow, if global patent filing activity is any indication. Patent applications that publish (typically, 18 months after filing) are a good indication of future grants.
AI is the fastest-growing major technology area in global patent filings, boasting a 28% average annual growth rate from Q1 2018 to Q1 2022, according to a report by GlobalData.
At the end of 2020, the USPTO published a report finding an exponential increase in the number of patent application filings from 2002 to 2018 (see graph below).
In India nearly a 1.4 times surge can be seen in the last five years in the overall patent filings, whereas a 6.1 times surge can be seen in filing AI-related patents in the same time frame, reports Lexology.com.
It remains unclear if the patents in these areas of AI will have significant strategic value or monetization potential. For many businesses looking to enhance value and prevent disputes, it is better to secure AI patents than allow them to fall into the hands of competitors.
Image source: DexPatent
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