16 May 2025
If you’ve used artificial intelligence (AI) to come up with a new invention, one question you might be asking is: Do I have to tell the government when I apply for a patent?
The short answer: Tell your patent attorney — and then it depends.
Here’s what you need to know, in plain English.
Why Patents Exist — and What You Owe in Return
A patent gives you the exclusive right to stop others from using your invention for up to 20 years. It’s a deal with the government: you get exclusivity, and in return, you tell the world how your invention works.
This trade-off is meant to encourage more innovation. You share your knowledge, others build on it, and society benefits from ongoing progress.
To enforce this deal, Australian law says your patent application must:
- Clearly explain the invention so that someone skilled in the field can recreate it; and
- Reveal the best way you know of putting the invention into action.
This is known as the "disclosure requirement".
So, Do You Have to Disclose the Use of AI?
Here’s where it gets specific.
If AI is part of how the invention works, then yes — you’ll need to disclose that. For example:
- The invention is the AI itself;
- The invention relies on AI to function;
- Using AI is the best (or only) way to make or use the invention.
But if AI was only used to help come up with the idea (for example, generating design options or analysing data) and the final invention doesn’t actually depend on AI to work — then you probably don’t have to say anything.
That said, you can choose to mention it if you like, either in your patent or elsewhere (such as in press releases or journal articles). Some companies do — and others don’t.
What Are Companies Actually Doing?
Many businesses are tight-lipped about their use of AI in patent filings. That may be due to legal uncertainty, especially when it comes to whether an AI system can be considered an "inventor" under patent law.
Still, some companies are being more open, especially in pharmaceuticals:
- Insilico Medicine patented its AI drug discovery tool and was upfront about the AI in the patent. But when it patented molecules discovered using that AI, it didn’t mention AI in the patent text.
- Nimmune Biopharma patented a new drug (omilancor) developed with the help of its AI platform. In this case, the role of AI was acknowledged in the patent by referencing how the AI predicted the drug’s biological interactions.
- Evotec and Exscientia developed a cancer treatment with AI input, but didn’t mention AI in the patent — only in external publications.
Not Sure What to Do? That’s Why You Have a Patent Attorney.
Ultimately, you must disclose enough for others to understand and use your invention — and your patent attorney is there to help you figure out what that means in your case.
If AI is essential to making your invention work, it likely needs to be part of your patent disclosure. If not, you still have a choice. Just make sure your attorney knows all the facts.
If you’re navigating patents, AI, or just want to protect your next big idea, get in touch with the team at IP Solved — one of Australia’s most experienced intellectual property firms.
We’re here to make IP easier for you.
