The U.S. Patent and Trademark Office (USPTO . Some people, for political or pragmatic reasons, might prefer to leave the output of AI-generated inventions in the public domain, free for all to use. Internet Explorer). AI collides with each of the requirement of patent law. Music could be inspired by sad feelings that the musician has, and he acquired these feelings because his heart got broken by somebody. Patent litigation over a patent which claimed a method of using a computer to automate the realistic . 1. AI Patent Challenges. All rights reserved. This is the point where we need human supervision to manage the machine. The right to challenge a certain assessment could be built in the system. January 27, 2022. Assessed against all knowledge, almost everything would seem obvious4. Artificial intelligence (AI) seems to be a promising digital technology that may enable a more transparent, efficient and reliable management of IPs intellectual properties (Frosio, 2017). It would also be a wonderful tool to do a single prior art reference test. Maybe they arent entirely responsible for the invention, but can they be a part of it? Jacobs asked. Mosaicking which is not allowed at the novelty stage is allowed in the test of obviousness. The current laws are also silent on the use of AI for the assessment of Novelty. In. An AI-IP treaty should also avoid a key limitation of the patent system. (2019). Of most relevance to AI, the Alice decision revived the "mental steps" doctrine as one way of demonstrating that an invention is a patent-ineligible abstract idea. We are pleased to present the inaugural Chapter on Artificial Intelligence. Get the most important science stories of the day, free in your inbox. The invention does not already exist. AIs behaviour is not associated with any feelings or for any real experience that may exist in human behaviour. The challenges arise in the context of AI systems that remove the need for human input in the creation of certain types of content, which was until recently the sole preserve of humans. We feel that the global benefits of an international agreement would make the time and cost of negotiating it worthwhile, because it would avoid uncertainties and disputes down the line. We specialize in AI/ML patents and understand that AI inventions can be tricky to protect. The authors will try to explore in this this article some of the aspects of IP laws that particularly deal with Patent processes. He examines application filing and litigation trends and observes that the majority of AI patent lawsuits relate to the most heavily patented areas, with the U.S. being the most active jurisdiction with 73% of litigation. Grad students long overtime , and more this weeks best science graphics, Computer science has a racism problem: these researchers want to fix it, US Supreme Court poised to ban affirmative action in university admissions, China: protect home-grown solutions to food security, Charge dropped against New Zealand science agency after deadly volcano eruption, COP27 climate summit: what scientists are watching, A multinational Delphi consensus to end the COVID-19 public health threat, Technische Universitt Dresden (TU Dresden), Research Center for Molecular Medicine (CeMM), AW, Flanders Institute for Biotechnology (VIB). Nature (Nature) AI will help IP professionals generate business insight that can open up new markets and deliver a better understanding of what and where the next generation of IP investment should come from. The consultation focused mainly on intellectual property law and AI, and covered three main areas: Continue . Sim, C. (2018). Courts around the world are wrestling with this problem now as patent applications naming an AI system as the inventor have been lodged in more than 100 countries1. This is creating one of the biggest threats patent systems have faced. This is far from ideal. Can this be reconciled with a notion that AI is part of this process? A human hand is required to guide this process at this stage. Can a sufficient disclosure in an AI-related patent be made in a way that doesnt disclose a trade secret, such as proprietary algorithms or data sets? Gohere for more information. If at certain point Artificial intelligence starts thinking on its own that bias and possibly many other biases could exist in the machine learning. Inflation Reduction Act Gives a Boost to the Biogas Sector, Core AI Machine learning techniques, including neural networks, ApplicationsComputer vision (image analysis), speech recognition, natural language processing. All 164 World Trade Organization members must comply with these principles, standardized by the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Children are a good example of how human being learns; we are a learning machine. The US District Court for the Eastern District of Virginia on Wednesday ruled that an artificial intelligence (AI) machine cannot be an inventor under the Patent Act.The action was a motion for summary judgement concerning two patent applications filed by Stephen Thaler for an AI machine called DABUS. The first and most pressing question that patent registration offices have faced with such inventions has been whether the inventor has to be human3. How can an AI develop a sense of value absent a person feeding it their own wants and needs?. But Tham is somewhat more skeptical of introducing artificial intelligence into issues of legal inventorship. USA October 20 2022. So whats interesting to me about the DABUS situation isnt that they used a computer to generate a solution to a problem, but that according to (DABUS creator Dr. Stephen) Thalor, DABUS was able to appreciate that what it created was novel and non-obvious.. In fact, AI is now delivering real value to companies that need to solve difficult and complex issues. SHENTON HOUSE Impact of artificial intelligence on businesses: From research, innovation, market deployment to future shifts in business Models. Artificial intelligence is developing rapidly and there are possibilities that it may take over a lot of human endeavours one of which may also be a large part of law profession. These creations are not protectable under existing patent laws. Artificial Intelligence (hereinafter "AIs") is a computer science discipline focused on developing machinery and systems with the ability to perform tasks attributable to human intelligence.From a patent law perspective, AIs were considered incapable of facilitating inventive processes autonomously and the permitted arena was limited to 'AI-assisted inventions. Figure 1 shows a model that contains substantial human hand available in the system to overcome some of the hindsight bias and other biases that could be created by an overburdened artificial intelligence system. For example, Tham said IP attorneys need to pay attention to what makes for sufficiency of disclosure in a patent application. The reason why autonomous behaviour is being discussed is so that we can understand how this autonomous behaviour affects IP laws. This category makes up the bulk of what we see coming into the USPTO related to AI technologies, Jacobs said. If a machine should enjoy the legal status of an inventor, you also have the question of how can it be liable for patent infringement? The last two decades have witnessed tremendous advancements in information technology, which have fostered a phenomenon level of innovation in products and services offered across multiple industries ranging from Arbitration (Carneiro et al., 2014; Hanke, 2017; Sim, 2018) to legal reasoning (Ennals, 1985; Reed et al., 2007; Rissland, 1990; Susskind, 1986). In addition, AI systems are frequently used to examine huge volumes of input data to detect statistical features. 66, 252 (2019). The Authors Acknowledge the Huge Support of Prince Sultan University and the Continuous Encouragement to do research. The patent system assumes that inventors are human. Artificial intelligence (AI) is also being used to aid vaccine development, drug design, materials discovery, space technology and ship design. In April, the answer came, and the DABUS applications were rejected as lacking a legally recognizable inventor. This notional person has the average level of skill and general knowledge of an ordinary expert in the relevant technical field. There is no consensus over whether a machine can be designated as inventor. Creating bespoke law and an international treaty will not be easy, but not creating them will be worse. Once considered a remote possibility reserved for science fiction, AI has advanced enough to approach a technological tipping point of generating groundbreaking effects on humanity and is "likely to leave no stratum of society untouched". Hattenbach, B., & Glucoft, J. 2022 Nutanix, Inc. All rights reserved. Within the Patent Act a single inventor is referred to as an "individual" and multiple inventors are referred to as "individuals." Gan, C., Limsombunchao, V., Clemes, M.D., & Weng, Y.Y. Coronavirus Gives AI and Big Data Chance to Shine. doi: https://doi.org/10.1038/d41586-022-01391-x. The World Intellectual Property Organization WIPO has adopted many treaties which could be one response to the emergence of revolutionary new technologies and IPR's protection. A reasonable empirical research is available to show that hindsight bias exists in the legal process and it does affect the patent process (Giroux et al., 2016; Lunney & Johnson, 2012; Mandel, 2006). This can include novel types of input data, novel training data and novel pre- and post-processing of data sets. We have come so far to a point where potential laws are being taken over by smart technologies. Abbott, R. Washburn Law J. Evolution and revolution in artificial intelligence in education. Discussing a Model that Could Solve the Problem. Would also require huge amount of computational Strength. AI and European Patent Law In respect of European patent law, our analysis focuses on the European Patent Convention (EPC), looking into a number of issues related to AI-assisted outputs: inventorship, ownership, novelty assessment, inventive step, sufficiency of disclosure, and the case study of drug discovery. The authors declare no competing interests. (2019). On the track of artificial intelligence: Learning with intelligent personal assistants. The intersection of patent law and artificial intelligence raises all sorts of interesting philosophical and practical questions. Meurer, M.J., & Strandburg, K.J. These experiences could be sad, happy, excited and numerous other experiences which are linked with emotional existence of human behaviour. . Currently, there is no legal or technical test to establish AI as an inventor. Technologies which by the use of artificial intelligence are capable of regulating and implementing laws. I think this is just going to be a matter of time before the law is changed to allow AIs to be inventors. Technical Assistant in Tumor Immunology (m/f/d), Grants & Regulatory officer - Neuroscience. Also, are data sets used to train an AI considered part of any invention? Not so many years ago, artificial intelligence was largely the stuff of science fiction. For IP professionals, the real opportunity brought by AI, is the access to the impenetrable and inaccessible volumes of data. Not so obvious after all: Patent law's nonobviousness requirement, KSR, and the fear of hindsight bias. Meanwhile, some higher-income nations are offering fourth doses (see Nature 603, 764; 2022). By Calvin Hennick January 27, 2022 Listen to this story Not so many years ago, artificial intelligence was largely the stuff of science fiction. Direct IP Filings inForeign Jurisdictions, 6ix9ine Loses name I think that where the industry is at right now, people are almost getting defensive patents, he said. In essence, an object is not patentable if any of these requirements is not met (see What is patentable?). Putting artificial intelligence, with its potential for near omnipotent capabilities, on equal footing as human inventors could have a significant impact on patent law's obviousness standard, attorneys and patent professionals say. How does a machine satisfy the duty of disclosure? The same situation occurs today with drugs and vaccines: patents can attract the investment that allows them to be developed, but people lose out in countries that are unable to afford the products or unable to pay royalties to manufacture them. Reduction to practice. Canbek, N.G., & Mutlu, M.E. Four articles (only 68 syllables); zero hassle. 40 Bloomsbury Way Lower Ground Floor The Venetian Patent Statute, long drawn to around the year 1474, was one of the first draftings of patent legislation. Cumbersome and expensive, this system means that some people cannot afford to enforce or defend their rights under patent law. Currently the laws are silent on this aspect. This is creating one of the biggest threats patent systems have faced. So companies who are on the cutting edge of developing technology typically spend a portion of their budget getting patent protection.. A number of terms ranging from AI revolution, 4th Industrial revolution (4IR) [2] and Industry 4.0 [3] have been used albeit loosely by different authors and organisations to describe similar phenomena of digital transformation currently underway throughout the world. The PTO expressly recognizes that AI can be patentable through the express designation of class 706, a section of the agency's patent application classification system. A recent development in Australian jurisprudence takes . Both of these situations are a challenge for the current laws all over the world. Increasingly we see the use of technology that supports the creation of more technology or patentable objects. In addition, many AI systems undergo a training process, where they develop their own decision-making algorithms and rules by practicing decision making and using feedback to improve future decisions (Roll & Wylie, 2016). This music could also be developed because the creator of this music is happy, and this happiness is because a reason that exist in the life of that person. (2006). Artificial intelligence (AI) is also being used to aid vaccine development, drug design, materials discovery, space technology and ship design. A complete autonomous behaviour that is supported by artificial intelligence is going to be an aspect that completely stretches the policies and laws that currently support protection of intellectual property. This step can be performed by artificial intelligence but there is a risk of bias that may exist in the artificial intelligence due to the data that has been fed into it. In this scenario, an inventor uses an existing AI model in a novel way to generate a new solution to a unique problem. Hacker, P. (2018). For example, a life sciences inventor may use AI software while developing new drugs. With this, there come substantial challenges. There is an enormous amount of difference between a human being generating an Intellectual Property and an artificial intelligence generating or registering an IP. With an acceptance rate of 30%, each of the journals of our affiliates is double blind, peer reviewed and some of the journals are listed in SCOPUS, SCIMAGO, Google Scholar, ProQuest, Cengage Gale, LexisNexis and several other academic databases and search engines. The AI system may move through millions of documents and inventions that would be in also creations that may have not been patented already. Namely, they allow inventors to capture more value from their creations and therefore provide an additional incentive for companies to invest in innovation. lab assistant) and AI is serving in that role? Its not an easy question to answer.. Article With AI, how do you go about that? Take, for example, Dr. Stephen Thaler's AI tool 'Device for the Autonomous Bootstrapping of Unified Sentience' ('DABUS'). The next requirement of utility could be tested by human being. Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20) Rose Hughes Monday, July 11, 2022 - AI inventor , Artificial Intelligence , DABUS , epo , machine learning , patents , Rose Hughes The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The fallout from them is. In a trademark dispute with Jim Dempsey of the Berkeley Center for Law & Technology and Womble Bond Dickinson Senior Client Service Director Maggie Watkins provided introductory remarks. Sometimes, that may not be someone who fits into the existing regulatory framework. ), pp. This test is taken in relation to the person for whom that knowledge is obvious (Thorne & Priestley, 2012). Infringe choreographers Within a few years, numerous inventions could involve AI. Courts around the world are wrestling with this problem now as patent applications naming an AI system as the inventor have been lodged in more than 100 countries1. Ford, V., Siraj, A., & Eberle, W. (2014). Instead, Carey suggested that attorneys should draft AI patents with three distinct types of claims: application, architecture and training. For all our endeavours of intellectual property we need to keep human being at the core of our considerations. The Impact of Artificial Intelligence on the IPR'S. The more basic problem that may arise with patents when patent investigation or enquiry is being made by the artificial intelligence would be the process that is very hard core for the system. It can be a tool for scientists, entrepreneurs, and artists, enabling new human inventions and creations. (2012). Soni, N., Sharma, E.K., Singh, N., & Kapoor, A. 13, 5572 (2022). Technol. Not only will experienced attorneys have a better grasp on an effective structure for AI patents, they will also understand the subject-specific content and terminology necessary to craft a good patent that will be accepted by the U.S. Patent and Trademark Office and survive challenges in the courts. However, Carey said that it is a mistake to draft patents for AI algorithms the same way one would draft a patent for any other software application. Artificial intelligence is breaking patent law Posted on June 5, 2022 In 2020, a machine-learning algorithm helped researchers to develop a potent antibiotic that works against many pathogens. The hindsight bias: A meta-analysis. AI is used to automate existing resources, including human resources and data to generate ROI for enterprises. Artificial intelligence and laws are coming to appoint where revision of laws is required to keep up with the technological advancements. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [HOT] Read Latest COVID-19 Guidance, All Aspects [SCHEDULE] Upcoming COVID-19 Webinars & Online Programs, [GUIDANCE] COVID-19 and Force Majeure Considerations, [GUIDANCE] COVID-19 and Employer Liability Issues. AI shows great promise in improvements to data collection, processing and . While the human mind is built over experiences and it builds to a certain level while we age. On the other hand, AI-generated inventions are those created by artificial intelligence (such as the DABUS inventions) with little in the way of human contribution. He explains that common-sense reasoning is required in common sense world and unanticipated obstacles explain the response. Alexandra George is associate professor of law at the University of New South Wales, Sydney, Australia. In fact, AI should provide the same results based on the same inputs. Babcock said, As a litigator, Im always thinking about how do you prove inventorship? Artificial intelligence (AI) is also being used to aid vaccine development, drug design, materials discovery, space technology and ship design. Previous inquiries of this nature have led to changes in many countries IP laws in response to the development of the Internet and the digital economy. If a machine can enjoy the legal status of an inventor, can it be liable for infringement? Arguably there could be a very little chance for the artificial intelligence to go wrong on finding the right reference or the novelty in an item. The large part of that technology is still dependent on how we train it. Im in Bills camp. This may constitute an impediment to patenting because a patent is not granted for a mathematical method or any other method for accomplishing a mental act including methods of teaching reading (section 1(2), Patent Act 1977 UK). An example of an invention in the field of physics would be obvious to a person of a certain level of knowledge in the field of physics. While this sort of patent structure is simple for attorneys to follow, Carey said it fails to provide the broadest possible protection. We also consider. and JavaScript. In case of AI we are trying to build something that can learn and is not naturally born like children. The authors explore in this research how AI may affect the IP processes, policies and procedures. AEON Law, 1718 E. Olive Way, Seattle, WA 98102, Rapper 6ix9ine Loses Stage Name Trademark, Federal Circuit Finds Plausible Allegations of Inventive Concept in Google Patent Dispute, Fortnite Dance Moves Dont Infringe Copyright, a branch of computer science dealing with the. Patents in an era of infinite monkeys and artificial intelligence. Patenting novel applications of AI technologies. Generally, she says yes, but thats not to say you cant claim an invention that doesnt include the data sets. Hindsight bias. 01 Nov November 1, 2022 Most of the times in a patent, novelty plays a major role, any claim made by the creator for a patent must be novel (Hall, 2003). Patenting AI generated inventions. Stankov, E. Cambridge Law J. Tag Artificial intelligence and patent law internet-law-concept-stockpack-adobe-stock Type post Author Richard W. Stevens Date August 10, 2022 Categorized Artificial Intelligence, Law, Media Tagged Artificial intelligence and patent law, Artificial intelligence as holding patents, Artificial intelligence personhood campaign, DABUS software in Thaler case, Featured, Imagination Engines, Stephen . These questions, and others, remain unresolvedand may remain unresolved for some time. In this Article, we shall deal with the contentious relation of Artificial Intelligence and Patent Law. Privacy Policy. Several countries have already begun preliminary investigations of this kind relating to AI-generated inventions, as has the European Union (go.nature.com/3j6qgu3) and the World Intellectual Property Organization (go.nature.com/3nc79cr). Others are calling for IP protection to be extended (see, for example, refs 68). The artificial intelligence may in some time have enough capabilities to take over complex tasks such as Intellectual property IP protection. Its almost like mutually assured destruction. Explore ideas and technologies that are changing the way we live and how business gets done. Schuster, W. M. Washington Lee Law Rev. An inventive step occurs when an invention is deemed non-obvious to a person skilled in the art. Artificial intelligence (AI) is the ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings. The tricky part is going to be the non-obviousness part; here two elements could join in to test the nonobvious nature of a product or process. Thaler claims that DABUS invented a new type of food container and a flashing light for attracting attention in emergencies. With AI patents, its not the same. View Artificial Intelligence and patent law.docx from LAW 5060 at Georgia State University College of Law. Association for Molecular Pathology v. Myriad Genetics, Inc. [2007] 569 US 576. (2016). In this era of the Fourth Industrial Revolution, advances in artificial intelligence (" AI ") has resulted in AI capable of generating inventions that are novel and inventive. Most of the laws are not designed substantially to work algorithmic (Hacker, 2018). Three of the main requirements for a patent to be registered are novelty, utility and non-obviousness. artificial intelligence and law pdf lirr to forest hills stadium. Within a few years, numerous inventions could involve AI. Protecting investment in AI research requires careful consideration of the validity of artificial intelligence patents particularly in the area of healthcare. This can result in patent holders running similar legal cases in many countries as when the technology firms Apple and Samsung spent 7 years battling more than 50 lawsuits about phone and tablet design and functionality (see go.nature.com/3lfzpej). The inventions are not remarkable. And I dont think it will require wholesale changes to the law, Babcock said. Mart?nez-Miranda, J., & Aldea, A. Some believe that AI will soon. 6 In addition, two PTO "examining art units" for reviewing prior art are specifically devoted to reviewing applications directed toward AI algorithms. AI is changing the way that science is done and inventions are made. His work appears in BizTech, Engineering Inc., The Boston Globe Magazine and elsewhere. Artificial Intelligence (AI) and robots has been the subject of science fiction for some time, however they have become a reality that we have to work with. The motivation behind AI patents is essentially the same for any other patents, Carey said. Patent Cooperation Treaty international application PCT/IB2019/057809 (Filed 17 September 2019). Another challenge is even more fundamental. In case a patent application is submitted for this task done by the machine, it would be rejected because one of the fundamental requirements of patentability, which describes how the invention works, is not met in this case. We have a fear that the AI would take over all the processes of laws and would ultimately take over creations of humanity. Artificial intelligence and human being who have related knowledge to test the obviousness of a product or process could somehow work together at this level to come up with the best possible decision. These issues have been brought into focus by an AI system called DABUS (Device for the Autonomous Bootstrapping of Unified Sentience), created by Stephen Thaler, president and chief executive of US-based AI firm Imagination Engines. But even if these tests are established, inventor status for AI raises many questions. Considering the magnitude of information and comparison available to investigate from the AI when supported by proper systems can overcome challenges. People havent found the patterns or the easily exploitable ways to enforce AI patents. But if AIs become more knowledgeable and skilled than all people in a field, it is unclear how a human patent examiner could assess whether an AIs invention was obvious. He explains that while autopilots are there and are developing in their functions to a level where they may also be able to land a plane, the human presence could be there to oversee the entire situation. > who Owns AI is good or fair, ask how it shifts power live and how business done. Is changed to allow challenge to the mushrooming of topic-specific forms of IP could. Having a code that carries out a specific function automate the realistic will rule the world. & quot a. 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