Q: How can an AI startup in India patent in the US?

A: To obtain a patent in the US, here is the process for someone in India.

(1) Find a patent attorney in India. To find such a lawyer, you may contact a lawyer that you already know who will be able to provide you a reference.

(2) The patent attorney in India should determine if your invention is patentable under Indian patent law. If your invention is patentable under Indian patent law, then you should consider patenting it in India. Generally, Indian government, like most other governments, wants inventors in their own country to file it in their country first. You can file it in the US first, but the penalty for not filing it in India is that you won't be able to file it in India later.

(3) The Indian patent attorney will refer you to a US patent attorney. (There are a few patent attorneys in India who are able represent you at the US Patent Office as well). You can either work through the Indian patent attorney (which I suggest if you file a patent application in India as well), or you can work directly with the US patent attorney (which I suggest if you do not file a patent application in India).

(4) The US patent attorney will be able to help you through the process, including drafting the patent application for you.

Good luck!

A: You are not required to file in India first; however, since the inventors are based in India, you will need to obtain a foreign filing license from the Indian Patent Office before filing your application in the United States. To streamline this process, it is advisable to begin by working with a local patent law firm in India that can assist you in obtaining this license. They may also be able to refer you to a U.S. patent law firm. Many well-established patent law firms in India have existing relationships with U.S. firms and can help you identify a suitable attorney. Alternatively, you can conduct a traditional Google search or use tools like ChatGPT to find a qualified U.S. patent attorney. Regardless of the method, it is crucial to select an attorney with expertise in artificial intelligence and a technical background in computer science or electrical engineering. Most patent attorneys offer free initial consultations, so take advantage of this to interview multiple candidates and find the best fit for your needs. Some important questions to ask during these consultations include:

What is your experience with patents in the field of AI?

Can you explain your fee structure?

What is the average cost for filing a patent application?

What strategies do you use to minimize costs and maximize the chances of approval?

Since the patent process can take several years from start to finish, it is essential to choose an attorney carefully. Transferring your case to another attorney mid-process can lead to inefficiencies and additional costs.

In addition to technical expertise, consider the attorney’s reputation and client feedback. Ask for references and review their online ratings or testimonials to gain insight into their service quality. You may also want to review their publications or articles, as attorneys who are well-published often stay up-to-date on the latest legal developments and are better equipped to handle complex cases. This is particularly important in the AI field as the patent eligibility criteria is a moving target.

Another way to assess the quality of their work is by asking about their representative clients. Attorneys who represent large corporations with in-house legal teams are typically highly competent, as they are regularly evaluated by these companies.

By carefully selecting a patent attorney with the right expertise, reputation, and chemistry, you can set a strong foundation for successfully navigating the U.S. patent process. I hope this helps!