AI and IP

From voice recognition to product recommendations, artificial intelligence (AI) is integrated into our lives. Soon refrigerators will place grocery orders and cars will drive themselves. What happens when computers get creative enough to start producing intellectual property (IP)?

The United States Patent and Trademark Office is exploring the intersection between IP and AI with an eye to protecting intellectual creations and promoting innovation and growth. To that end, the USPTO hosted a conference earlier this year that considered a variety of issues generated by the intersection of AI and IP. The recording is available for watching through this link.

Some of the questions the USPTO is inviting thoughts on are:

  • Do current patent laws and regulations regarding inventorship need to be revised to take into account inventions where an entity or entities other than a natural person contributed to the conception of an AI invention or any other invention?
  • Are there any patent eligibility considerations unique to AI inventions?
  • Does AI impact the level of a person of ordinary skill in the art?
  • Do the disclosure rules (enablement, specification, etc.) need to be altered for AI-related patent applications?
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