The patentability of AI-based inventions

Former US President Abraham Lincoln once called the patent system one of the three greatest advances in human history and for more than 200 years patents have promoted innovation, protected human creativity and driven economic progress.

However, the current version of the US Patents Act was adopted in 1952. This was a time before the term Artificial Intelligence (AI) had been coined, and where the idea that machines would one day be able to create independently was unimaginable, except maybe to a few science fiction novelists.

The vast increase in computing power in the decades since, and the amount of data we produce, has enabled the development of many different applications using AI. Indeed the development has progressed to a stage where AI applications have now become creators themselves by learning from the data they are given, and coming up with novel solutions to problems facing humanity.

Naturally the humans behind these AI applications still want to profit from their work, and more than 340.000 patent applications mentioning AI has been made since 1952.

The US legislation, and that of most other countries1,doesn’t recognise inventions made by a computer, stating instead that the inventor has to be an individual. This has created legal tension in the field, and a 2014 US Supreme Court ruling against the patentability of abstract ideas has affected the AI industry, as software or “computer-implemented inventions” often gets characterised as such.

Patent legislation is meant to promote creativity and progress, but in the case of AI it is now doing the exact opposite and stiffling it instead, according to researchers like Ryan Abbott, a professor of law and health sciences at the University of Surrey. Abbott suggests that we need to change the law and allow creative computers to be considered inventors.

That leaves one big question: Are we as humans ready to assign intellectual property rights to a machine, share our currently exclusive “right” to creative thinking, and thus make AI-based inventions truly patentable? Or, are Sci-Fi doomsday scenarios of sentient machines taking over the world still too deeply entrenched in our consciousness?

(1) The Chinese legislation is the major exception, calling for a strengthened protection of intellectual property in the field of AI, as well as improving “patent protection and standardization of interactive support mechanism to promote the innovation of AI intellectual property rights.”

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