Patenting Software in AI, VR, and 3D Printing

This article was originally published by Industry Today on March 3, 2021, and is reproduced below in full with permission. With rapid changes, pressure to innovate, and acceleration of implementation of advanced technology across all stages of the supply chain over the past year, there are important intellectual property (IP) considerations that companies need to make to protect their inventions. Leading edge tech like Augmented and Virtual Reality, machine learning and Artificial Intelligence, and 3D printing have become integral to business success yet continue to cause confusion around how the technology should be patented. This article explores some of the nuances as they relate to the art of protecting the software that fuels the base technology of these advanced innovations and important considerations that need to be made in the current environment. Most machine learning (ML) and artificial intelligence (AI) innovations are generally based in computer software. While courts and the U.S. Patent and Trademark Office ("U.S. PTO") have established limits on the ability to patent computer software, it is still possible to obtain meaningful, broad, and valuable patent protection on computer software.