Machine Learning Patent Landscape in Asia

Business in Malaysia, Business in Singapore, Business in United States, Business Management Services, Lawyers in Asia, Legal Counsel in Malaysia, Malaysian Patent Lawyer, Patent Agent in Malaysia, Patent Attorney in Asia, Patent Filing in Asia, Patent Filing in China, Patent in Asia, Patent Lawyer in Asia, Patent Search, Patent Search in Asia, Patent Search in India, Uncategorized

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.   

machine learning patent drafting

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.

Patent attorney in China India Asia Pacific

Patents in China

Patent Filing in Asia, Patent Filing in China, Patent in Asia, Patent Lawyer in Asia

Patents are filed in China for international protection of inventions under PCT route after domestic patent filing.

The first patent application is filed in home country to secure a patent priority date. Thereafter, within 12 months of the priority date, a PCT international phase application is filed with the WIPO. The PCT international patent application provides a time period of almost 30 to 31 months from the priority date to file the same patent application in multiple countries, including, India, China, Singapore, and the like.

Patent Law in China

China and India amended their patent laws to fulfill the obligation of TRIPS agreement. India in 2005 and China in 2008 made their Patent Acts TRIPS compliant. The current governing law for Patents in China is Patent Law of the PRC, 1984; as amended in 1992, 2000 and 2008 read with Implementing Regulations of the Patent Law of the PRC, 2001; as amended in 2002 and 2010.

Patent attorney in China India Asia Pacific

Patent Eligibility in China

From the perspective of patentable subject matter and criteria of patentability, the patent law in China defines inventions as a new technical solution or improvement to a product/ process. Inventions for which patent is to be granted shall be novel, involve inventive step and having practical applicability (Article 22 of Patent Law of the People’s Republic of China: Conditions for Granting Patent Rights).

  1. Novelty: The claimed invention shall be a new technology. It must neither be known to the public (published or used/ made) both within the country and abroad before the date of filing of the patent application, nor shall be disclosed in any earlier filed patent application at the SIPO.
  2. Inventive step: Inventive step means, as compared to the existing technologies, the claimed invention shall possess prominent substantive features and represents notable progress. For assessing the prominent substantive features, it shall be determined that with reference to the closest prior art and the technical problem solved, whether the claimed invention is obvious to a person skilled in the art. Presence of a notable progress is assessed by determining that as compared with the prior art whether the invention has produced advantageous technical effects.
  3. Practical applicability: Practical applicability means, the invention must be capable of being made or used in an industry and can produce effective results. There are three types of patents recognized under the Chinese law viz. Invention Patents, Utility Model Patents and Design Patents (Article 2 of Patent Law of the People’s Republic of China, 1984).

Patent Filing in China

To felicitate patent filing, China has established representative offices of SIPO at all state capitals and district headquarters, where a Chinese citizen can file his/ her patent application. Application can also be filed through China Patent Electronic Application System (Article 26 of Patent Law of the People’s Republic of China, 1984: Patent Application).

However, a foreign applicant who does not have a regular residence or business site in China shall appoint a legally established patent agency for filing the patent application. Application can be filed in Chinese or English. If filed in English, the Chinese translation of the application shall be submitted within 30 months of the priority date.

To encourage patent filing by the domestic applicants, Chinese government provide subsidy in the patent filing/ examination fee to them. This has been proved to be highly successful in china. All the countries provide option of e-filing and filing of patent application in print copy at the appropriate patent office or its branches. In China, there is no option to file for a provisional application. The applicant is bound to file the complete application at once.

Patent Cost in China

For filing a patent application in China, the costs to be incurred include cost for patent search, drafting and filing the first application to secure patent priority date, followed by patent filing in China under PCT National Phase Entry or Paris Convention filing. The overall cost including official fee and charges of a patent lawyer / law firm in China can be in the range of $15000 – $20000.

Patent Filing Trends

Various new technologies are being protected in China by way of numerous patent filings. Artificial Intelligence (AI) is one of the technology sectors to experience immense growth in terms of patent filings. As per a latest report, Chinese companies have more patents as compared to patent filing companies in U.S. for artificial intelligence patents over the past three years, expanding their presence in the world’s most prominent high-tech battleground.

As per WIPO Technology Trends 2019, Artificial intelligence patents represent a new digital frontier that have resulted in a dynamic shift in the patent filings. Artificial Intelligence Patents, or, AI Patents are getting filed at an exponential rate covering crucial inventions across multiple applications, such as for example, autonomous vehicles, medical diagnosis, advanced manufacturing, and the like.

Rahul Dev, patent attorney, works closely with clients worldwide to assist them in determining if an idea or an invention is patentable is of critical importance. The process to determine patent eligibility of an invention includes conducting a thorough patent search to establish novelty, inventive step and utility of an invention.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.

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 Patents, 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.