Artificial Intelligence (AI) is experiencing an unprecedented boom, driven by its ability to take on new functions. This versatility allows AI to be integrated into more areas of everyday life, from technology and science to healthcare, entertainment, and especially the development of new computer applications.
The Rise of Generative Artificial Intelligence (GenAI)
One of the most promising applications of AI is Generative AI (GenAI), which leverages the most sophisticated advances in AI to create content such as text, images, music, voice recordings, and even source code.
Since the introduction of Deep Neural Network Architecture in 2017, Large Language Models (LLMs) have accelerated the development of GenAI, having a significant impact on industrial and intellectual property.
According to the latest report from the World Intellectual Property Organization (WIPO), AI patents —specifically in the field of GenAI—have seen spectacular growth. More than 25% of all existing GenAI patents were filed in 2023, with an 800% increase in applications since 2017.
In 2014, only 733 patent applications related to GenAI were filed. By 2023, that number had surpassed 14,000. In addition, scientific publications on GenAI have followed a similar trend, rising from 116 in 2014 to more than 34,000 in 2023.
Table 1: GenAI Patents and Scientific Articles by Year.
Source: WIPO (2024). “Generative Artificial Intelligence: Patent Landscape Report”
China Leads the Way in Generative AI Patent Developments
The country that has made the most progress in developing this technology is China: it has filed 38,000 patent families between 2014 and 2023. In fact, since 2017, China has been filing more patent applications each year than all other countries combined.
It is followed by the United States (nearly 6,300 patent families), South Korea (4,200), Japan (3,400), and India (1,350), as shown in the table:
Table 2: Families of GenAI patents filed, by the inventors' nationality.
Source: WIPO (2024), “Generative Artificial Intelligence: Patent Landscape Report”
Major GenAI Patent Holders and Their Applications
Among the leading holders of patents in generative artificial intelligence are giants such as Tencent, Ping An Insurance, Baidu, the Chinese Academy of Sciences, IBM, Alibaba Group, Samsung Electronics, Alphabet/Google, ByteDance, and Microsoft.
These companies have launched significant developments, such as IBM's Watsonx, a GenAI platform focused on data security, and DeepMind's Gemini, which Alphabet/Google is integrating into its products.
Microsoft is also gaining ground following its investment in OpenAI, which has begun filing patent applications.
The main applications of GenAI are found in sectors such as software, natural sciences, document management, business solutions, industry, manufacturing, transportation, security, and telecommunications. The most notable models, in terms of AI patents, include Generative Adversarial Networks (GANs), Variational Autoencoders (VAEs), and decoder-based LLMs.
The Role of Intellectual Property in the GenAI Revolution
Generative Artificial Intelligence represents a technological revolution comparable to—or even greater than—that of the Internet and smartphones. As this technology advances, the challenges also grow, and industrial and intellectual property rights become an essential pillar for protecting the interests of creators and companies.
In short, the surge in AI patents—especially in the field of GenAI—underscores the importance of staying attuned to the new opportunities and challenges that this technology brings. Intellectual property professionals will play a crucial role in this exciting and complex landscape.
Juan de Justo, EuropeanPatent Attorney at ELZABURU