Protecting innovation in an era of artificial intelligence and global competition
In a world rapidly transformed by artificial intelligence and global innovation, the United States patent remains a powerful tool, a legal shield protecting the fruits of human ingenuity. From Thomas Edison's light bulb to the latest AI algorithm, patents have secured the rights of inventors for centuries. This system, however, is not static. It is a dynamic field, constantly adapting to new technologies like AI, which presents unprecedented challenges to the very definition of an "invention" 8 . This article demystifies the U.S. patent, guiding you through its core concepts, the latest trends shaped by AI, and the real-world experiments inventors use to safeguard their breakthroughs.
At its heart, a patent is a property right granted by the U.S. government to an inventor. This grant gives the inventor the exclusive right to prevent others from making, using, or selling the invention throughout the United States for a limited time 3 .
The most common type, covering new and useful processes, machines, articles of manufacture, or compositions of matter .
Protect the new, original, and ornamental design for an article of manufacture .
Granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant .
Evaluate if your invention meets the criteria of novelty, non-obviousness, and utility.
Research existing patents and publications to ensure your invention is novel .
Draft detailed specifications, claims, and drawings that fully describe your invention.
Navigate review by a USPTO expert who evaluates your application against legal requirements .
Artificial intelligence is now a major source of innovation, leading to a surge in AI-related patent applications—over 360,000 documented as of 2025 9 . These range from Baidu's pet-language translator that interprets animal emotions to AI-integrated robotic control systems that make warehouse robots more dexterous 9 .
AI inventions pose a fundamental challenge to patent law, which has a longstanding doctrine that "abstract ideas" are not eligible for patent protection 8 . The central question has become: When is an AI invention a practical, patent-eligible machine, and when is it merely an abstract mental process?
In an August 2025 memorandum, the USPTO provided crucial clarification. It emphasized that the "mental process" category has limits and should not encompass claim limitations that cannot practically be performed in the human mind 8 .
Before even filing a patent, inventors often need to test their creations in real-world conditions. But what happens if this testing involves public use or a commercial sale? Normally, such actions can start a one-year clock, after which the inventor is barred from patenting the invention 5 . However, a crucial legal doctrine—the experimental use exception—can negate this time bar if the use was genuinely for experimentation.
The courts assess experimental use on a case-by-case basis, considering a totality of 13 factors. The core intent is key: the use must be to test a claimed feature or determine if the invention works for its intended purpose, reflecting the inventor's uncertainty 5 .
The single most important practice is documentation. Inventors are advised to execute an Experimental Use Agreement with any third party involved. This agreement memorializes the experimental nature of the work, includes confidentiality clauses, and ensures the inventor retains control 5 .
Meticulous engineering records that track the development process, including failures, provide powerful evidence that the invention was not yet ready for patenting and that the use was truly experimental.
An inventor of a new, highly durable pavement material must subject it to real-world public traffic and weather conditions. This use is necessarily public, but can still be considered experimental with proper documentation.
Once a patent is granted, the story is not over. The enforcement of patents through litigation is a major business activity, and trends in 2025 reveal where the biggest battles are being fought.
Patent litigation is not evenly distributed. It clusters around high-value, foundational technologies. A recent analysis shows that the most litigated technologies are in the realms of Information Technology, Telecommunications, and Life Sciences 6 .
| Product Classification | Relative Litigation Activity |
|---|---|
| Security technologies | Highest |
| Location Based Services | High |
| WLAN & Wireless Communication | High |
| Navigation Systems | High |
| Video & Cable Infrastructure | High |
Source: Adapted from IPWatchdog U.S. Patent Litigation Trends 2025 6
Some technology areas are experiencing explosive growth in litigation, signaling emerging battlegrounds. Virtual Reality Hardware has seen a remarkable 39% compound annual growth rate in litigation over the past decade 6 .
| Technology | Compound Annual Growth Rate (CAGR) |
|---|---|
| Virtual Reality Hardware | 39% |
| Audio and Music Processing | Steady increase |
| Speech Recognition | Steady increase |
| Bluetooth & Cloud Services | Growing |
| Social Media Platforms | Focal point |
Source: Adapted from IPWatchdog U.S. Patent Litigation Trends 2025 6
A significant portion of this litigation is driven by Standard Essential Patents (SEPs)—patents that protect technology essential to implementing a technical standard, like Wi-Fi or 5G. Wi-Fi standards are currently the most litigated, even surpassing the combined litigation around all cellular standards from 2G to 5G 6 . These disputes are often spearheaded by patent assertion entities (PAEs), which are specialized companies that enforce patent rights rather than manufacture products 6 .
Navigating the world of patents requires both legal and strategic tools. Whether you are an independent inventor or part of a large corporation, understanding these key components is crucial.
A comprehensive search of all previous public disclosures (patents, publications) to determine if an invention is novel before filing .
A quick, inexpensive way to establish a U.S. filing date, giving the inventor 12 months to prepare and file a full nonprovisional application .
A submission to the USPTO that fulfills the applicant's duty to disclose all known information material to patentability 5 .
A contract used when testing an invention with a third party; it formalizes the experimental nature of the work and includes confidentiality clauses 5 .
The USPTO's electronic filing system, which is used to submit applications and follow-on documents; a verified account is required .
The U.S. patent system is a complex but indispensable ecosystem designed to fuel progress. It balances the reward for individual creativity with the public benefit of shared knowledge. As we have seen, this system is continually evolving, especially under the pressure of transformative technologies like artificial intelligence. The recent USPTO guidance on AI patentability and the enduring importance of doctrines like the experimental use exception provide a framework for today's inventors. From understanding the basics to anticipating litigation trends, a firm grasp of the patent landscape is more valuable than ever. It is the key to transforming a spark of an idea into protected, impactful innovation.
This article provides a general overview and does not constitute legal advice. For specific legal guidance on patents, consult a registered patent attorney or agent.