In today’s world, deep tech innovations are driving the future of multiple industries. Whether it’s artificial intelligence, biotechnology, quantum computing, or autonomous systems, these advancements are shaping our lives and changing how we solve complex problems. However, as with any cutting-edge technology, securing intellectual property protection, especially through patents, can be challenging. Patent eligibility is at the heart of these challenges, and as deep tech continues to push the boundaries of what’s possible, the legal landscape is constantly shifting. In this article, we’ll explore recent trends and landmark cases in the patent eligibility of deep tech innovations, providing valuable insights for innovators and businesses alike.
Understanding Patent Eligibility in Deep Tech
Patent eligibility is one of the most critical and often misunderstood aspects of intellectual property law for deep tech innovations. In deep tech, where innovations are rooted in advanced scientific research, engineering, and cutting-edge technologies like artificial intelligence, quantum computing, and biotechnology, determining whether an invention qualifies for patent protection is not straightforward.
This complexity is due to the fact that deep tech inventions frequently straddle the boundaries between abstract ideas, laws of nature, and human-made inventions.
For businesses operating in deep tech, understanding the nuances of patent eligibility is crucial not only for securing protection but also for leveraging patents as a competitive business tool.
At its core, patent eligibility concerns whether an invention can legally be patented. In many jurisdictions, the general requirements for patent eligibility include novelty, non-obviousness, and utility.
However, the challenge for deep tech arises when inventions fall into categories that have historically been difficult to patent—such as software, algorithms, or biological materials.
Courts and patent offices have long grappled with how to apply traditional patent laws to innovations in these fields, leading to a legal landscape that is still evolving and often unpredictable. Businesses need to navigate this complexity with a strategic approach to ensure their innovations meet patent requirements.
The Role of Abstract Ideas and Natural Laws in Patent Eligibility
One of the central issues in determining patent eligibility for deep tech innovations is the role of abstract ideas and natural laws. In many fields of deep tech, the line between an abstract idea and a patentable invention can be incredibly fine.
For example, artificial intelligence algorithms are often built on abstract mathematical concepts, which, on their own, are not eligible for patent protection.
Similarly, biotechnology inventions might involve processes that leverage natural phenomena, such as the manipulation of genetic material, which raises questions about whether such processes are patentable.
For businesses, understanding how courts define “abstract ideas” and “natural laws” is key to crafting a successful patent application. Patent law in the U.S., for example, excludes abstract ideas, natural phenomena, and laws of nature from patent eligibility.
This means that a company developing an AI algorithm cannot simply patent the algorithm itself, especially if it is viewed as a mathematical process.
Instead, businesses must demonstrate that their invention transforms the abstract idea into a specific application that solves a real-world problem.
The U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank illustrates this point, where the court ruled that abstract ideas implemented using generic computing technology are not patentable unless the implementation adds something inventive beyond the abstract concept.
For deep tech businesses, the lesson from cases like Alice is that patent applications should not focus solely on the theoretical or abstract aspects of the innovation. Instead, the key is to emphasize how the invention applies that abstract idea in a practical, concrete way.
For example, a patent application for an AI-driven diagnostic tool should highlight the specific, novel way that the algorithm improves the diagnostic process, such as how it processes data to deliver faster, more accurate results than existing methods. This practical application is what makes the invention eligible for patent protection.
Framing Inventions to Meet Patent Eligibility Standards
One of the most effective strategies for deep tech businesses is to carefully frame their inventions in a way that meets the evolving standards of patent eligibility.
This involves more than just describing the technical aspects of the invention; it requires a strategic narrative that positions the invention as a novel, practical solution to a defined problem.
For instance, in the context of quantum computing, an invention may involve complex mathematical theories or quantum phenomena, which on their own may not be eligible for patent protection.
However, the invention becomes patentable when framed as a technological advancement in quantum hardware or a specific method that improves quantum computing performance in a measurable way.
To successfully secure patent protection, businesses should focus on how their innovations advance existing technology or provide a new, non-obvious solution to a known technical problem. This is particularly important for fields like AI and machine learning, where the novelty of an invention might lie in how the AI system is applied or how it interacts with physical systems.
For example, an AI-based system that improves the efficiency of energy consumption in a smart grid by integrating data from various sources and making real-time adjustments could be framed as an inventive application that solves a specific technical challenge in energy management.
In the biotechnology sector, where the patentability of biological materials has been subject to intense legal scrutiny, businesses need to emphasize the human-made, modified, or engineered aspects of their inventions.
Natural genes, for example, cannot be patented, but genetically modified organisms or synthetic biology products may be eligible for protection. For biotech businesses, the key is to clearly demonstrate how their innovation is more than just a discovery of something that already exists in nature—it must be an engineered product or process that offers new functionality or utility.
Crafting Patent Claims for Deep Tech Innovations
One of the most tactical elements of patent eligibility is how the patent claims are drafted. For deep tech inventions, the language used in patent claims plays a pivotal role in determining whether the patent will be granted or rejected.
This is especially important in sectors like AI, quantum computing, and biotechnology, where small differences in how claims are worded can make the difference between securing a broad, valuable patent or having the application rejected outright.
For businesses, the first step in crafting effective patent claims is to work closely with patent attorneys who understand both the technology and the evolving patent law landscape.
Patent claims must be specific enough to clearly define the boundaries of the invention, but broad enough to prevent competitors from designing around the patent by making slight modifications. This balance is particularly important in deep tech industries, where technologies evolve rapidly and competitors are constantly innovating.
In AI, for instance, patent claims should focus on how the system processes data or interacts with external technologies, rather than just describing the algorithm itself.
For biotechnology, claims should emphasize the novel methods or processes used to create or modify biological materials, ensuring that the patent covers not just the product but also the process used to develop it.
Recent Trends in Patent Law for Deep Tech Innovations
Patent law is continuously evolving in response to the rapid growth of deep tech industries, which include artificial intelligence (AI), quantum computing, biotechnology, and more.
These industries often push the boundaries of existing legal frameworks, leading to new interpretations of what can be considered patentable. For businesses developing deep tech innovations, understanding these emerging trends is essential for successfully navigating the complex patent landscape and ensuring that their intellectual property (IP) is adequately protected.
Recent trends in patent law reflect an ongoing struggle between protecting genuine innovation and avoiding overly broad or abstract patents.
Courts and patent offices are becoming more stringent in their examination of patents, particularly in areas like AI and biotechnology, where the distinction between a patentable invention and an abstract idea is often blurred.
Staying ahead of these trends can give businesses a significant advantage when pursuing patent protection, while failing to do so can lead to costly delays, rejections, or challenges from competitors.
Increased Scrutiny on Software and AI Patents
One of the most noticeable trends in patent law is the heightened scrutiny on software and AI-related inventions. In particular, patent offices and courts have increasingly rejected applications that are deemed too abstract or that fail to demonstrate a clear technological improvement.
This trend was largely set in motion by the U.S. Supreme Court’s decision in Alice Corp. v. CLS Bank International, which tightened the standards for patenting software and algorithms by emphasizing that abstract ideas implemented on a computer are not inherently patentable unless they include an “inventive concept.”
For AI-based innovations, this trend means businesses must take extra care to show that their invention provides a concrete technological solution to a specific problem.
Merely stating that an AI system processes data more efficiently or automates a process may not be enough to secure a patent. Businesses must go a step further and articulate how the AI system performs in a novel way that solves a technical problem, enhances functionality, or delivers new, tangible results.
For example, a business developing an AI-driven healthcare diagnostic tool should emphasize how the AI goes beyond merely analyzing data—such as detailing the unique algorithms or models it uses to detect medical conditions earlier or more accurately than existing tools.
By framing the innovation in terms of its specific technical contributions, rather than simply its abstract AI capabilities, companies can improve their chances of meeting patent eligibility requirements in an increasingly stringent environment.
Businesses must also stay informed of global trends in software patentability, as different regions take varying approaches. For instance, the European Patent Office (EPO) tends to be more restrictive when it comes to software patents, especially in relation to AI, demanding that the invention demonstrate a “technical effect” beyond the algorithm itself.
This contrasts with the United States, where the inventive concept requirement is more open to interpretation. Being aware of these regional differences is crucial for businesses looking to protect their AI innovations on a global scale.
Biotechnology Patents
Navigating the Intersection of Science and Law
Biotechnology, especially within deep tech, is another area where patent law is undergoing significant shifts. As breakthroughs like gene editing, synthetic biology, and personalized medicine become more prominent, patent offices are forced to grapple with the question of whether and how to protect inventions that are closely tied to natural biological processes or materials.
In recent years, cases like Mayo Collaborative Services v. Prometheus Laboratories, Inc. and Association for Molecular Pathology v. Myriad Genetics, Inc. have established important precedents in limiting the patentability of certain biotechnological innovations.
In Mayo, the Supreme Court ruled that methods relying on natural laws or phenomena (such as the relationship between drug dosages and metabolite levels) are not eligible for patent protection if they merely apply a law of nature. Meanwhile, Myriad ruled that naturally occurring DNA sequences could not be patented, although synthetic versions (like complementary DNA) could be.
These cases highlight the challenges deep tech biotech businesses face when their inventions involve natural substances or processes. For companies working with genetic material, biological organisms, or diagnostic methods, it is vital to carefully construct patent claims that emphasize human-made modifications or new technical applications.
A biotech company working on gene-editing therapies, for example, should focus on the novel techniques used to modify the genetic sequences or the innovative applications of those modifications, rather than the genetic material itself.
As courts continue to develop their interpretations of what constitutes patentable biotech innovations, businesses must adapt by working closely with patent attorneys who are well-versed in both the science and the law.
Strategically framing biotech inventions as solutions to specific technical problems—whether through synthetic biology, engineered organisms, or novel methods for manipulating biological systems—will be key to ensuring eligibility for patent protection in this rapidly evolving field.
The Convergence of Emerging Technologies
Another notable trend in deep tech is the convergence of multiple technologies, which adds additional layers of complexity to patent law. Innovations in fields like quantum computing, blockchain, and bioinformatics are increasingly incorporating elements of AI, data science, and other deep tech areas.
This cross-disciplinary nature of deep tech innovations is challenging traditional patent categories, as many inventions now straddle several technological fields.
For businesses, this convergence presents both opportunities and challenges. On the one hand, it opens up new possibilities for innovation, as combining different technologies can lead to groundbreaking solutions.
On the other hand, securing patent protection for such multi-disciplinary inventions requires a nuanced understanding of patent law across multiple domains.
To navigate this, businesses must adopt a holistic approach to patent strategy. Rather than treating their invention as a standalone technology, companies should consider how it integrates with other fields and craft patent applications that reflect this broader technological scope.
For instance, a company developing a quantum computing system that uses AI to optimize algorithms should not only patent the quantum hardware or the AI models in isolation but also highlight the novel interplay between these technologies and how they solve unique computational problems.
Additionally, businesses should be aware that patent offices may apply different standards to different aspects of their inventions.
A blockchain-based AI platform, for example, may face stricter scrutiny on its AI components in the U.S. due to the Alice decision, while its blockchain elements may be more easily patentable, especially if they provide novel ways to enhance data security or transactions.
Understanding how each aspect of a convergent technology aligns with current patent trends is critical to securing robust and defensible patents.
Strategic Insights for Deep Tech Businesses
Given these trends, deep tech businesses must adopt strategic approaches to ensure their innovations are not only eligible for patents but also positioned for long-term success. One key takeaway is the importance of early and thorough patent planning.
Deep tech innovations often take years to develop, and waiting until the last minute to file for patent protection can be risky, especially in industries where competitors are moving fast.
Engaging with patent professionals early in the research and development process allows businesses to identify potential eligibility issues and craft stronger applications.
Moreover, businesses should be prepared to defend their patents in the face of challenges. As the deep tech space becomes more competitive, patent litigation is becoming increasingly common.
Building a strong, layered patent portfolio that covers various aspects of the innovation can help defend against legal challenges from competitors. It also provides businesses with a valuable bargaining tool, whether for cross-licensing agreements, partnerships, or negotiations.
International patent strategy is another crucial consideration for businesses. As deep tech innovations often have global applications, businesses should be aware of how different countries approach patent eligibility.
For example, AI and biotech patent eligibility may differ significantly between the U.S., Europe, and Asia. Tailoring patent applications to meet the specific standards of each region is essential for ensuring broad and enforceable protection across international markets.
Adapting to Patent Eligibility Challenges in Deep Tech
The rapidly evolving nature of deep tech industries presents a unique set of challenges for patent eligibility. Businesses operating at the frontier of technology, from artificial intelligence (AI) and quantum computing to biotechnology and blockchain, face significant obstacles when trying to secure intellectual property (IP) protection.
As patent offices and courts struggle to apply existing legal frameworks to these emerging technologies, companies must develop innovative strategies to adapt to this uncertain legal environment. Successfully navigating these challenges can be the difference between leading the market or losing ground to competitors.
Deep tech businesses need a forward-thinking approach, combining a deep understanding of the technology with a strategic patent filing process that accounts for current legal interpretations.
More importantly, companies should not treat patent applications as a mere formality but as a strategic business tool that can shape their innovation trajectory and ensure long-term commercial success. Below are several ways businesses can adapt to the shifting landscape of patent eligibility in deep tech.
Crafting a Narrative Around Patent Eligibility
One of the most effective strategies to overcome patent eligibility challenges in deep tech is to focus on how the invention is framed within the application. For many businesses, especially those dealing with software-based innovations or technologies rooted in scientific processes, the risk of rejection on the grounds of being too abstract or relying too heavily on natural laws is real.
In recent court rulings, including Alice Corp. v. CLS Bank in the U.S., patents based on abstract ideas or fundamental scientific principles have faced heightened scrutiny, with many being denied protection.
To navigate this, companies must frame their inventions as more than just abstract algorithms or natural phenomena. The key is to present the invention as a concrete, technological solution to a real-world problem.
This requires carefully constructing the patent claims to emphasize how the technology solves specific challenges, operates in a unique way, or produces tangible improvements over existing technologies.
For instance, businesses working on AI solutions must not only describe the algorithm at the core of their innovation but also highlight the practical applications of the AI technology, such as its impact on industries like healthcare, finance, or logistics.
The patent application should illustrate how the AI system improves diagnostic accuracy, reduces processing times, or automates complex decision-making in ways that existing systems cannot.
Framing the invention in this way strengthens the argument that it meets patent eligibility standards by demonstrating its practical utility and technological contribution.
For companies in biotech or quantum computing, where innovations may involve biological processes or theoretical constructs, the challenge is similar. Patent claims should focus on how the invention introduces new technical methods, modifications, or applications that go beyond natural occurrences or scientific theory.
A biotech firm, for instance, developing a novel CRISPR-based gene-editing technique, would need to emphasize the specific engineering of the technology or the new methods by which it applies to previously unsolved medical conditions. This strategic narrative can make the difference between securing a patent or facing rejection.
Leveraging Patent Prosecution to Navigate Ambiguity
Patent prosecution—the process of interacting with the patent office after submitting an application—plays a pivotal role in overcoming eligibility challenges.
Given that deep tech innovations often sit at the edge of what patent offices are accustomed to, the way businesses respond to examiners’ concerns during this process can significantly influence the outcome of the application.
For businesses, it’s essential to be prepared to handle office actions (rejections or concerns raised by the patent office). Rather than treating rejections as setbacks, they should be seen as opportunities to refine the claims and clarify the invention’s technical contributions.
A business working in blockchain technology, for example, may receive feedback that their patent claims are too abstract.
Instead of revising the claims to only focus on how the blockchain processes data, the company should emphasize how the invention solves a specific technical problem related to data security, scalability, or transaction speed, demonstrating that the technology has a concrete, practical impact.
This adaptive strategy requires a proactive and collaborative approach with patent examiners. Businesses can engage with examiners to clarify points of ambiguity, provide technical details, or even request interviews to discuss how the invention can be presented more effectively.
By establishing an open dialogue and understanding the specific concerns of the patent office, businesses can tailor their responses to ensure that their application demonstrates both novelty and practical applicability, which are crucial to overcoming eligibility challenges.
Investing in a Multi-Layered Patent Strategy
For deep tech companies, relying on a single patent or application to protect their innovation can be risky, especially given the challenges of patent eligibility.
A more effective approach is to adopt a multi-layered patent strategy, where businesses file patents that cover different aspects of their innovation. This method not only helps ensure stronger protection but also provides flexibility if one aspect of the invention is deemed ineligible.
For instance, a company developing quantum computing hardware could file patents on the physical components of the system, the quantum algorithms that optimize its operations, and the specific use cases it addresses in industries such as cryptography or pharmaceuticals.
Similarly, a business in the AI space could file patents not only on the core AI models but also on the methods for training these models, the infrastructure that supports them, and the real-world applications they enable.
This approach creates multiple layers of IP protection, making it harder for competitors to replicate the technology without infringing on at least one patent.
Moreover, businesses can use a combination of patent types to strengthen their position. In addition to filing utility patents, which protect the functional aspects of the technology, companies can pursue design patents (where applicable) to protect the visual or functional appearance of physical products related to their deep tech innovation.
This multi-faceted approach helps safeguard different dimensions of the technology, providing businesses with a more comprehensive defense against challenges.
Additionally, creating a portfolio that includes international patents in key markets is critical for companies with global ambitions. Patent laws differ significantly across regions, and businesses must tailor their patent applications to comply with local legal standards while addressing market-specific needs.
This is particularly relevant for deep tech companies with innovations that have global applications, such as quantum systems, AI-driven platforms, or biotech therapies. By coordinating international filings, businesses can build an IP portfolio that maximizes protection across different jurisdictions.
Building Strong Relationships with Patent Attorneys
One of the most critical components of overcoming patent eligibility challenges in deep tech is having the right legal partners. Given the complexity of the technology and the evolving nature of the legal landscape, businesses must work closely with patent attorneys who have a deep understanding of both their industry and patent law.
A good patent attorney doesn’t just help file applications—they act as a strategic advisor who can guide businesses through the nuances of patent eligibility, anticipate potential challenges, and structure applications for success.
Deep tech businesses should engage with patent attorneys early in the development process, not just when they are ready to file a patent. By involving legal experts from the outset, companies can better align their R&D efforts with IP strategy, ensuring that their innovations are developed with patent eligibility in mind.
Early collaboration also allows for the identification of potential obstacles, such as whether an invention could be deemed abstract or if certain technical aspects need to be emphasized to meet eligibility criteria.
Moreover, as the patent prosecution process unfolds, a strong legal team can help businesses refine their claims, craft strategic responses to examiners, and pursue appeals if necessary.
The attorney-client relationship in deep tech should be viewed as a partnership that evolves alongside the business’s innovation strategy, ensuring that both legal and technical considerations are aligned for optimal IP protection.
Preparing for Future Legal Developments
As deep tech continues to evolve, so will the legal standards governing patent eligibility. Businesses need to stay proactive, not only in securing patents for their current innovations but also in preparing for future legal developments that may affect how their technologies are protected.
Court rulings, regulatory changes, and policy shifts in key markets can all have significant implications for patent eligibility, especially in fast-moving sectors like AI, biotechnology, and quantum computing.
To stay ahead, businesses should keep an eye on emerging legal trends and be ready to adapt their patent strategies as necessary. This may involve revisiting existing patents to ensure they remain defensible in light of new legal interpretations or filing additional patents to cover new aspects of their technology that were not initially addressed.
In highly dynamic industries, being nimble and responsive to legal developments is essential for maintaining a competitive edge.
wrapping it up
As deep tech industries continue to transform the global landscape, the challenges surrounding patent eligibility are becoming increasingly complex. For businesses working on cutting-edge technologies like AI, biotechnology, quantum computing, and more, navigating the patent landscape requires not just technical expertise but a strategic approach that aligns legal and business goals.
The ever-evolving nature of patent law, coupled with the abstract and often intangible qualities of deep tech innovations, means that companies must be proactive, adaptable, and innovative in their approach to securing intellectual property protection.
