AI has been amending every field with its golden touch. In the future, numerous inventions could involve AI. This is creating one of the biggest threats patent systems have faced. Patent law is developed on the grounds that the inventors are always human. The issue that currently stands is that the law struggles to deal with an inventor that is the machine. Recently in the United States, the Copyright Office rejected a request for a work of art generated by AI. It was the second time that Dr. Stephen Thaler, Founder and Board Chairman of Imaginations Engines, submitted the artwork titled 'A Recent Entrance to Paradise' created by his 'creative machine' algorithm to the USCO. 

Not just in the US, but the courts worldwide are wrestling with this problem now as patent applications naming an AI system as the inventor have been lodged in more than 100 countries. There are groups worldwide conducting public consultations on AI and intellectual property (IP) law. If the government fails to decide AI-made inventions cannot be patented, the implications could be massive. Businesses and funders would be less incentivized to pursue valuable research using AI inventors when a return on their investment would be limited. And society would probably miss out on several worthwhile and life-saving inventions. 

What is patentable? 

Before understanding the impact of AI on patent law, one needs to understand what is patentable. Generally, an invention must meet each of the following requirements before it can be patented. 

• An invention by one or more inventors- This includes products, processes or methods in almost all fields of technology. 
• Novel- the invention does not already exist. 
• Inventive step or non-obvious- the Invention would not be evident to a person skilled in the art who has general knowledge in that field. 
• Capable of industrial application or utility- the invention can be made or used in industry, does as is claimed and has economic significance. 

Inventions generated by AI challenge the system in a new manner. The issue is about 'who' did the invention rather than 'what' was invented. The most pressing question that the patent registration offices have faced with such inventions is whether the inventor must be human. If not, a feat that persists is that AIs might soon be so prolific that their inventions could overwhelm the patent system with applications. 

Patent law in the hands of AI 

The machine that learns by itself using information gained through several inputs can develop AI, which can originate a unique design or invention and possibly a process that can be patented. It may also be able to generate information that could be copyrightable. The information could be an expression of an idea, a diagram or any written word, charts, source code, photographs and even music. There are good chances that the AI can also develop trademarks which may be unique. All of these said aspects can be achieved through complex algorithms. The only problem is we are looking at the situation where the behavior of machines for AI is autonomous and is not supported by human decision making.  

AI can speed up the rate at which inventions are made. This can change the character of the invention. Under well-established patent principles, an "inventive step" occurs when an invention is considered "non-obvious" to a person "skilled in the art". An AI system might be more knowledgeable and skilled than any one person on the planet. 

It is crucial to understand that society might benefit from a new type of intellectual property explicitly designed to deal with AI inventions. The world is changing. It is certainly not in a similar shape as opposed to when these patent laws were created. Therefore, there is a need to amend or modify existing rules based on the developments and novel inventions today.   

Sources:

Nature

AB Academics

The Conversation