29 rejection in an office action, it is too late to prepare a defense. Turning now to the enablement requirement, it means that the claimed invention must be described in the application with sufficient detail that a person of ordinary skill in the art will be able to make and use the invention without undue experimentation. Going back to the example discussed above, the claimed invention is for a system that analyzes data from sensors in a field using an AI algorithm and then opens one or more switches to deliver something to those portions of the field that need it. Let’s consider three major variables in agriculture: water, fertilizer, and insecticides. Let’s say the inventor actually built and tested a system that uses an AI algorithm that analyzes output from sensors in the soil that measure humidity and open water delivery devices in areas of the field that are too dry. The results of a pilot study using the claimed system to control irrigation water delivery are presented in the application and compared to results using a conventional irrigation system. Is the inventor entitled to patent protection on similar systems that control delivery of fertilizer and/or insecticides to specific areas of the field that need them? Again, the answer is maybe. If the application just mentions that the system can be adapted to deliver fertilizer and/or insecticides, that will probably not be sufficient. However, if the application explains relevant sensor types for different types of fertilizers and different types of insecticides, explains how each sensor type should be deployed, and explains how the AI algorithm should be modified to consider these additional parameters, then a claim covering all of these possibilities may be allowed by a fair Examiner. This is true even if there is no actual data for the other parameters. In summary, using your real intelligence, augmented by your better understanding of legal requirements as explained above, when preparing your AI-based agricultural patent application can increase the chances that your application will be granted as a patent. Synergistic cooperation between a technologically savvy inventor and a legally savvy patent attorney can greatly increase the chances of achieving a granted patent that incorporates AI into an agricultural context by explaining in the application how the use of AI contributes to an improvement in the technology.
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