Machine Learning Patent Landscape in Asia

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Machine Learning Innovations in Asia

Recently, Celcom Axiata and Cisco have partnered together to improve mobile connectivity across Malaysia through the implementation of artificial intelligence (AI) and machine learning technology innovations in Asia Pacific. This would be accomplished through the joint efforts of both companies. The updates are centred on the integrated software-defined network (SDN) transport infrastructure that is scheduled to be deployed in future. This will be done with the intention of “substantially improving” the service provisioning time for “businesses of all sizes as well as consumers.”

To understand how machine learning innovations in Asia Pacific are impacting the international economy, look at what APAC is doing to make their sectors successful. Less visible industries are equally ready for innovation as high-tech fields, including machine learning innovations that are filed as machine learning patents by machine learning patent attorneys in Asia, including machine learning patent attorney in Malaysiamachine learning in Singapore, and the like. The spread of mobile phones in Asia-Pacific is changing the banking sector, which effectively uses machine learning. Smartphone and tablet use is rising throughout the region. 

In Asia, technological and scientific advances have advanced innovations based on machine learning and artificial intelligence. Most countries lag behind in these areas. Lower original creativity and ineffective technology exchange policies are to blame. Also, implementing a machine learning innovation landscape in Asia-Pacific countries has increased investment and MNC involvement. As an example, Tsinghua University in China has surpassed Korea’s POSTECH as the region’s most innovative university. The Chinese institution vaulted three ranks to become Japan and China’s top university. The results match Japan’s overall performance on Reuters’ lists of innovative universities.   

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Asia-Pacific innovation also includes Fintech Labs. Companies can try new ideas and improve machine learning processes in these collaborative spaces. Busan Daily employed AI to study its audience’s preferences and deliver customised onsite search. It’s also building community tools and standards. These measures, together with more platform services, will be vital to regional success. Digital transformation based on machine learning will drive future innovation in Asia-Pacific. A review of Machine Learning Patent Landscape in Asia provides insights on strong AI patents and ML patents drafted by patent attorneys in Asia, which include enforceable patent claims.

Machine Learning Patent Example

Nowadays, many companies are opting for a patent related to machine learning to gain control over the market. In terms of ML basics, inventors understand that there exist three types of machine-learning mainly, including, supervised learningunsupervised learning, and reinforcement learning. For example, to provide exact and short answers to its users, Google has recently patented a machine-learning algorithm to include rich media for a specific type of answers and provide the best results for voice searches. Similarly, Amazon has filed a patent to capture details of conversations happening around its smart device Alexa and record them. After analyzing such data, it shall be used for advertising purposes. On the other hand, Samsung has filed a patent for a drone that is controlled via hand gestures and facial recognization to project customized ads to its customers. This drone comes with a flying display with the ability to detect a person’s hand gestures, face, and pupils. 

Many countries have been debating over the process to determine the scope of examination standards and legal protection in case innovation created by ML is granted a patent right. Another question is what the scope of patent rights for the inventions should be that AI creates and involves the determination of examination standards along with the scope of restrictions and authorizations. Similarly, lawmakers are pondering over what should be the legal status of the invention that AI creates or how to treat the relationship between a general inventor, ML inventor, and ML as an inventor. The third question is regarding the distribution of innovation that ML creates, i.e., distribution and redistribution benefits for ML investors, ML owners, and the public. 

Machine Learning Innovations

The machine learning invention is an information product that also covers the legitimacy of property in market value. The patent system should assist such innovators to coordinate the balance between transaction security and freedom that the innovation market provides. The patent system must provide a normative approach for machine learning inventions and clarify the patentability of innovations to create sustainable development of the computer-human collaborative approach in the ongoing technology era. 

Machine Learning Patent FAQs

Here are few important frequently asked questions pertaining to machine learning patents.

​​Can you patent a ML model?

patent for a machine learning model will contain certain components. It will contain the title of the invention, its description, claims, and the name of one or more inventors. A patent will also identify the patent assignee, which is a person who owns the rights to the invention. A patent for a machine learning model is a complex process. If you want to protect your creation, it is important to follow the proper procedures.

First, inventors should file a patent for a machine learning model only if it can be used to identify patentable ideas. Patent office examiners are required to search for patents using their skills, and machine learning could help them focus on higher-level tasks. While large software companies have been patenting artificial intelligence-related technologies for decades, startups in fields outside of the software sector are quickly taking advantage of the technology. Adaptability: Another key aspect of a patent for a machine learning model is the ability to make the algorithm fit the specific technical implementation. Adaptation to a specific technical implementation means that the algorithm is adapted to the way a computer operates. A neural network training method will consider the features of the computer to determine when to cache information. By utilizing such considerations, an innovation using a machine learning model can be patent-protected.

Are patents good for innovation?

The role of patents in promoting innovation has often been discussed across various forums. CEOs of high-tech companies argue that a patent is essential for their businesses, while economists are less sure. Some researchers have found that patents can hinder innovation (by 13%). That is why it is crucial to understand the role of patents in promoting innovation before making sweeping policy changes. 

Having a patent protects the technology. Patents also promote downstream development through contracts and commercialisation. Patents reduce the gap between science and industrial innovation, enabling new ideas to be reproduced by others. Furthermore, patents can foster the diffusion of knowledge and help facilitate the exploitation and commercialisation of new technologies. 

How do you patent machine learning?

As AI and machine learning become more commonplace, many innovators are seeking ways to protect their work with patents. Patent applications for machine learning and artificial intelligence have increased dramatically in recent years, but patent attorneys have struggled with how to claim these innovations. Luckily, there are a few steps inventors can take to ensure their work remains protected. Below are some key steps that patent attorneys can take to strengthen their machine learning patents.

Patent applications relating to AI and machine learning are essential for scientific discovery, but many technologies are not suited for patent protection. The application process can pose several risks. Some abstract ideas cannot be protected through patents, such as mental processes, methods of organizing human activity, mathematical formulas, or calculations. The government, however, continues to seek input from a range of companies on the topic of AI and machine learning, which can potentially lead to new innovations. 

When pursuing patents for AI and machine learning, inventors should first consider whether their innovation is truly innovative. Patent applications should contain claims, titles, and descriptions. Typically, the machine learning patent will name one or more inventors, as well as the assignee (the person who owns the patent rights).

In addition to the crucial points stated here relating to machine learning patents in Asia Pacific, the future business models based on innovation may regularly need assistance for Patent Searching. The results of a patent search report can assist in determining if Patent Drafting is the next step for International Patent Filing along with USPTO Patent Filing. In case of blockchain based business models, utility token Legal Opinion Letters may also be needed, along with a set of applicable contracts and agreements.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

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Legal Counsel in Malaysia – Role of Malaysian Patent Lawyer

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Job of a legal counsel in Malaysia includes being responsible for a range of legal and intellectual property (IP) related advice by providing intellectual property and legal services to local businesses. Such legal services include providing support for third party licensing of intellectual property rights, including, patents in Malaysia, trademarks in Malaysia, etc.

In addition, other responsibilities include formulating, drafting, and negotiating IP agreements, such as secrecy agreements, patent licensing agreements, technology licensing agreements, technology transfer agreements, service agreements, business partnership agreements, product development agreements, website development agreements, mobile app development agreements, website terms of use, user agreements, website terms and conditions, mobile app terms and conditions, mobile app privacy policy, outsourcing agreements, valuation of business, valuation of technology, intellectual property valuation, patent valuation, trademark valuation, brand valuation, etc.

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To protect and enforce intellectual property rights in Malaysia, lawyers, law firms, intellectual property firms, patent agents, trademark agents and other professionals are required to provide professional, timely, cost-effective and practical legal advice, including, IP advice and support to the local and global businesses interested in doing business in Malaysia.

Trademark filing and trademark registration procedure in Malaysia includes brand clearance search, Madrid protocol international trademark filing, brand protection, brand management, use, and licensing of trademarks, design rights, copyright materials, and domain names.

To protect brand name in Malaysia, it is crucial to focus on brand protection work, particularly enforcement of trademarks, coordinating with international trademark law firms for anti-counterfeiting, trademark watch, trademark opposition, trademark licensing, trademark valuation, and the like.

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Malaysia Patent Registration – Patent Searching, Drafting, Filing and Prosecution

Business in Malaysia, Lawyers in Asia, Legal Counsel in Malaysia, Malaysian Patent Lawyer, Patent Agent in Malaysia, Patent Attorney in Asia, Patent Filing in Asia, Patent in Asia, Patent Lawyer in Asia, Patent Search, Patent Search in Asia

Patent Drafting in Malaysia

Patent drafting in Malaysia is generally done by patent attorneys registered and licensed to practice under the Patents Act,  as governed by the Malaysian Patent Office (MyIPO). As per MyIPO’s requirements, the patent specification to be filed in Malaysia should include a description that is clear and sufficient for a person having ordinary skill in the art to carry out the invention.

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The patent application drafted for filing patent in Malaysia should contain a detailed description of the invention beginning with a title of the invention, which must clearly and concisely indicate the subject matter of the innovation. In use, the title of invention as mentioned in description should be same as mentioned on the abstract and the patent request form.

The title of invention in patent application should be followed by the technical field of the new invention. In use, the field of the innovation of the claimed invention is a general broad statement that describes the art or technology field to which the invention relates.

Subsequently, while drafting patent application for Malaysia, next section of description of the invention should include discussion of prior art by way of background art. Patent attorneys and patent agents while drafting the background section of the patent specification shall describe the problems associated with the technology to which the invention relates along with disadvantages / problems pertaining to existing solutions.

After the background section, the patent drafting procedure involves writing a disclosure of the invention, wherein essential features and novel aspects of the claimed invention are included along with advantages of the invention over the existing prior art.

Thereafter, the patent application should include a specification example, whereby specific examples are discussed with reference to the description of the patent drawings or patent figures. In addition, this section should also include description of best mode of the invention as contemplated by the applicant for carrying out the invention. This section shall be supported by using examples to describe the invention along with corresponding reference to the patent drawings.

In order to complete all sections of the patent specification, after example and description of patent drawings, an explicit description of the industrial applicability of the invention shall be included. This shall describe how the invention can be utilised by the industry, which can be obvious or nonobvious depending upon patent classification that relates to the field of the invention.

Patent Claims

Patent claims for filing patent in Malaysia should define the scope of the invention clearly so that patent protection can be granted. The claims are required to be clear and concise to support the invention as disclosed in description and as illustrated in patent figures.

Patent claims are most crucial component of a patent specification and considering legal nature of claims, drafting patent claims is most challenging part of writing a patent application. Accordingly, defining scope of new innovation in patent claims is important to prevent competitors from infringing the patent rights associated with the patent specification. Too broad may be invalidated or too narrow claims may make it easy for the competitors to copy the claimed invention.

As per MyIPO guidelines, patent claims should begin from a fresh page and should be written as a single sentence. The patent office also instructs the patent applicants to include a “characterising” portion to highlight the novel and inventive features as compared to the background or prior art. Claims should further include all the novel and inventive features of the invention that are described in the description and illustrated in the patent drawings. In essence, all the patent claims of a patent application should relate to a single invention.

Patent Application – Abstract

To summarise the disclosure of patent specification, an abstract is included in the patent application to broadly describe the description of the patent claims. The purpose of the abstract is to provide an efficient instrument describing the technical field of the invention so that it can assist in searching relevant literature.

Patent Services – Malaysia

Patent agents in Malaysia provide a broad range of patent services, including, patent novelty search, patent and non-patent literature prior art search, patentability analysis, patent eligibility analysis, state of art patent search, drafting of patent specification, filing of patent application, registration of patents, maintenance of patent application, patent advisory and patent due diligence.

Patent attorneys with expertise in drafting patent applications for patent registration in Malaysia have technical, doctorate and post-doctoral qualifications and experience in respective technology fields for understanding innovative technical concepts and embodying the same into patent specifications.

The patent specification for filing patent in Malaysia is a techno legal document aimed at disclosing the subject matter of the invention and identifying the patent rights associated with the invention by way of patent claims.

The patent drafting process generally begins with the step of inventor interview, wherein the patent attorney or the patent agent gathers the information pertaining to subject matter of the invention. Subsequently, the invention information is analysed with reference to the state of the art and a prior art patent search is conducted to analyse the patentability (patent eligibility) of the invention as compared to the prior art.

Provisional patent application can be filed to begin the patent filing process whereby a preliminary broad patent is filed to secure a priority date and subsequently, a complete or non-provisional patent application is filed within 12 months of the priority date, or the date of filing provisional patent application.

Patent Registration in Malaysia

Patent registration in Malaysia is governed by the Malaysian Patent Office (MyIPO) whereby patent right is granted as an intangible property right for the monopoly of the patent for a limited amount of time. The first step of patent registration process in Malaysia involves conducting a thorough patent prior art search and performing a patentability analysis of the patent search results.

By definition, the patent protection in Malaysia indicates a product or a process or a combination thereof that provides novel ways of solving one or more problems. The patent is granted by the patent registry in Malaysia that gives an exclusive right to the patent applicant to stop others from infringing upon their patent rights.

Once a patent is granted in Malaysia, the patentee has several rights and benefits, including, right to exploit the patented invention, assign or license the patented invention, and stop others from copying, manufacturing, selling, infringing or importing the patented invention without patentee’s permission.

The term of patent in Malaysia is twenty (20) years while the term of a utility innovation in Malaysia is 10 years followed by an option to renew for additional 5 years twice from the date of filing.

About Tech Corp Group

Tech Corp Group is an international solutions provider of Patent, Technology & Intellectual Property (IP) Research Services in Asia. Originally started operations in India and Singapore, our strong and connected network of patent attorneys has expanded towards multiple locations in Asia Pacific (APAC). We work with clients worldwide and our practice areas include patent, technology and intellectual property consulting for technology companies and innovation based businesses. For legal needs of our clients, we assist them by connecting with attorneys, lawyers and law firms in desired jurisdictions. We aim to decode Patents, Technology and Intellectual Property (IP) in Asia – Japan, Korea, China, India, Singapore, Malaysia, Thailand, Indonesia, Philippines, Vietnam, Laos, Cambodia, Myanmar, Brunei.

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Decoding Patents, Technology and Intellectual Property (IP) in Asia – Japan, Korea, China, India, Singapore, Malaysia, Thailand, Indonesia, Philippines, Vietnam, Laos, Cambodia, Myanmar, Brunei

About
Tech Corp Group is an international solutions provider of Patent, Technology & Intellectual Property (IP) Research Services in Asia. Originally started operations in India and Singapore, our strong and connected network of patent attorneys has expanded towards multiple locations in Asia Pacific (APAC).
We work with clients worldwide and our practice areas include patent, technology and intellectual property consulting for technology companies and innovation based businesses. For legal needs of our clients, we assist them by connecting with attorneys, lawyers and law firms in desired jurisdictions.

Originally incorporated as an international business and management consulting company headquartered in Singapore, we have expanded across borders by assisting our clients through international law firm of Tech Corp Legal LLP (headquartered in New Delhi, India) in providing legal and technical advisory related to New Product Development, Patent Portfolio Creation & Management, Global Patent Strategy, Patent Filing & Prosecution Support, Patent Searches & Drafting Patent Applications, Business Documents (Contracts, Agreements Etc.) Review & Drafting, Market Entry Strategy, Offshore Companies Incorporation, Corporate Restructuring, Mergers, Acquisitions And Joint Ventures. We assist clients through team of experienced entrepreneurs having in-depth expertise and broad experience in solving problems faced by businesses in today’s competitive world.