Can You Patent AI? What the USPTO Actually Grants in 2026
Can you patent AI? Learn what the USPTO requires, how the Alice test applies, and how to protect your AI invention. Get a free IP strategy call today.
[FREE GUIDE]AI and SaaS
A guide to patenting AI technology, written for SaaS founders. How to protect the AI features inside your product and turn them into an asset investors can see.

[01]What's inside
The guide as a PDF, delivered the moment you send the form.
Related services
Free download
The download opens as soon as you send the form.
Yes, when the claims describe a concrete technical improvement rather than an abstract idea or a mathematical formula. The USPTO grants many AI patents each year, on new model architectures, training methods and, most often for SaaS companies, new ways of applying AI to a specific technical problem. See can you patent AI.
AI features are easy to imitate once a competitor sees the results. Copyright protects your code but not the method, and a trade secret is lost the moment someone reverse engineers it. A patent protects the method itself, for up to 20 years from filing.
A patentability search then shows what is already out there before you file.
Describe the technical details an examiner needs, including the inputs, the training, the structure of the model and how its output improves the system. Vague descriptions are the most common reason AI applications draw an eligibility rejection. Read patent eligibility for AI inventions.
| Objection | What it means | How applications answer it |
|---|---|---|
| Abstract idea (Section 101) | The claims read as math or a mental process | Show the specific technical improvement to the system |
| Obviousness (Section 103) | The examiner combines earlier references | Point to what the combination does not teach, with evidence |
| Written description and enablement | The application does not explain how it works | Include the model, data and training details from the start |
A utility patent often takes 2 to 3 years from filing to a decision. A provisional application secures your filing date first and gives you 12 months to file the full application, and prioritized examination can shorten the wait.
Often, yes, when it solves a technical problem in a new way, such as how data is processed or how the model's output controls the system. Using an existing AI model for a business task, on its own, usually is not enough.
No. US patents must name a human inventor. Inventions made with AI tools can be patented when a person made a significant contribution.
Patent what competitors can see or reverse engineer, and keep secret what they cannot, such as trained weights and training data. Many AI companies use both.
Yes. Send the short form and the PDF opens right after. It is general information, not legal advice.
[04]Learning Center
Can you patent AI? Learn what the USPTO requires, how the Alice test applies, and how to protect your AI invention. Get a free IP strategy call today.
Learn the rules for patent eligibility for AI inventions, current USPTO guidance through 2026, and how to draft claims that survive § 101. Book a free IP strategy call.
Can AI be an inventor? As everyone around the world gets excited about the new age of artificial intelligence (AI), innovation around AI has exploded. According to IBM…
Talk through your AI features with a registered patent attorney. The call is free, with no obligation.