Patents and Artificial Intelligence (AI)
The intersection of patents and artificial intelligence (AI) is a rapidly evolving area, raising fascinating legal, ethical, and technical questions. Here are some key points where they overlap:
1. Patenting AI Innovations
- Algorithms & Models: Generally, mathematical algorithms, including AI algorithms, are considered abstract ideas and are not patentable per se. However, if they are tied to a specific, practical application (like improving medical diagnostics or autonomous driving), they may qualify for patents.
- AI Hardware: Innovations in hardware designed to accelerate AI computations (like AI chips) are often patentable.
- Applications of AI: Using AI in a novel way in specific fields (e.g., AI-driven drug discovery or AI-enhanced image recognition) can also be patentable.
2. AI as an Inventor
- This is a hot topic. AI systems like DABUS (an AI system that created inventions without human intervention) have raised questions about whether AI can be recognized as an inventor.
- Legal Stance: Most jurisdictions (like the US, EU, and UK) currently require a natural person to be named as the inventor. However, some countries, like South Africa and Australia, have been more open to recognizing AI-generated inventions in certain cases.
3. Challenges in Patent Law
- Obviousness & Novelty: AI can generate solutions that are technically novel but might be seen as obvious because AI can process vast datasets and identify patterns faster than humans.
- Disclosure Requirements: Patent applications must clearly explain how an invention works. With complex AI models (like deep learning networks), explaining the inner workings can be challenging due to their “black-box” nature.
4. AI in Patent Analytics
- AI is also used to streamline patent searches, prior art analysis, and patent landscaping, helping companies and law firms identify innovation trends and potential infringements.
Are you looking for more on the legal side, technical applications, or something specific like how AI tools are reshaping patent law practices?
Soure- Swarupa Ghosh -Patent Attorney, Calcutta High Court, IPINDIA, Chatgpt