Consider patent protection early – Especially in AI and biotechnology research

Artificial intelligence, machine learning, and biotechnological solutions are among the fastest-evolving fields of research today. At the same time, they are raising an increasing number of questions related to intellectual property rights and the commercialization of research results. In an InnoWebinar, patent experts Joni Vehmas and Jasmin Kaivola from Laine IP discussed what researchers and students should know about patenting, particularly in the context of emerging technologies. 

One of the webinar’s key messages was the importance of considering intellectual property rights (IPR) as early as possible. Patentability is not always easy to assess independently, and many cases require expert evaluation and a case-by-case approach. 

A Patent protects a technical solution – But only if you apply before publication 

A patent can be used to protect a technical solution to a specific problem. To be patentable, an invention must be novel, inventive, and industrially applicable. A patent gives its holder the right to prevent others from using the invention without permission for a certain period, but it does not automatically grant the right to use the invention. 

This is one of the most common misconceptions about patents: a patent is primarily an exclusionary right, not an automatic right of use. For example, even if a researcher obtains a patent for an improvement to battery technology, they may not be able to commercialize it without permission if the improvement relies on an underlying technology that is still protected by someone else’s patent. 

The patent system is also based on openness. Patent applications are published, ensuring that information about the invention eventually becomes publicly available. 

For many researchers, the most important takeaway from the webinar concerns the disclosure of research results. A public presentation, conference poster, journal article, or even an abstract may destroy the novelty required for patent protection and prevent patenting. Therefore, a patent application should be filed before the invention is made public. 

For this reason, we encourage researchers and students at the University of Oulu to contact the Innovation Centre as soon as a potential invention begins to take shape. This allows patentability and commercial potential to be assessed before publication decisions are made. 

AI alone does not make an invention patentable 

The webinar highlighted that the use of AI alone does not make a solution patentable. The invention must still produce a concrete technical effect and solve a genuine technical problem. 

For example, AI solutions that control technical systems, process measurement data, or improve the performance of devices are often more likely to be patentable than general-purpose applications or solutions intended solely for administrative tasks. In Europe, patenting general-purpose language models and solutions based purely on linguistic analysis can be particularly challenging. 

From a patenting perspective, it is also important to document how an AI solution works. A patent application must describe elements such as the model architecture, training data, inputs, and outputs in sufficient detail. 

Biotechnology offers significant opportunities 

In biotechnology, patentable inventions may include gene technologies, diagnostic methods, biological tools, microorganisms, proteins, and various innovations related to drug development. However, naturally occurring discoveries as such cannot be patented. An invention must include a human-made modification or technical solution. 

Medical treatment methods themselves generally cannot be patented in Europe, but devices used in treatments, diagnostic methods, and medical uses may be eligible for patent protection. 

Biotechnology research also places particular emphasis on careful documentation, accurate descriptions of biological materials, and compliance with ethical and regulatory requirements. 

Contact the Innovation Centre 

Researchers should not hesitate to contact the University of Oulu Innovation Centre. Potentially patentable inventions are not always easy to identify independently, and patentability is rarely a straightforward question. In many cases, discussions with experts help uncover the hidden commercial potential of research results. 

At the University of Oulu, the Innovation Centre serves as the first point of contact for matters related to inventions and the commercialization of research results. Our experts help assess the novelty of research findings, patentability, and commercialization pathways, and support researchers and students in initiating the patenting process. 

Has your research produced a new method, algorithm, material, or technical solution with potential commercial value? Do you have a new business idea? 

Get in touch with the Innovation Centre. We can help safeguard the future utilization of your research results or business idea and build a foundation for future collaboration and business opportunities. 

Contact: innovationcentre@oulu.fi