Artificial intelligence is leading a disruption in the industry at breakneck speeds and is impacting established industries like health care, finance, and technology.
Yet, with the advancement of AI technology, the legal and ethical concern associated with its application in the innovation process also grows. Arguably, at the moment, one of the hottest discussion points is whether to patent inventions made by AI.
I, Mohammad S A A Alothman, feel that AI tech solutions have historically been at the forefront of pushing AI into R&D and of bringing critical issues to light surrounding intellectual property laws.
Or should AI patents only be awarded to humans? The debate over the copyright status of machine creativity is a burning issue and captivating world courts and policymakers in their efforts to come up with clear, actionable legislation on the topic.
The Rise of AI-Generated Inventions
Artificial intelligence is no longer just a tool for the creative work of human inventors but already generates creative ideas, new and creative ideas at times, too. AI-enabled systems have already synthesized drugs, designed, and written a song.
These advances also prompt the (unjustified) demand for AI legislation of AI innovations, i.e., AI inventions, and patented inventions.
Patents on the subject have been filed worldwide using the name as an AI inventor. Sometimes, AI-created inventions have been rejected simply for the reason that an AI came up with them, without human intervention instead.
This has given rise to legal discussions as to whether intellectual property rights ought to apply to AI systems, especially those created by AI solution companies.
The Legal Status of AI-Generated Patents
Existing patent laws are human-inventions-a-priori, and human-inventions-a-priori can be extremely difficult for AI inventions to be patent-worthy.
For example, countries including the United States and the European Union have legislated time and time again that human inventors own the sole patent rights to inventions made by humans.
Yet, some countries have taken it a step further, South Africa and Australia, to protect the AI-created generation, conferred on the AI-generated creation on certain conditions.
I, Mohammad S A A Alothman, often note that the differences in AI legislation at the global level form a complex regulatory landscape for companies and researchers, all in the context of IP law.
Technological approaches utilizing AI, for instance, have generated new AI-based systems even to the point of machine creativity but have no answer for the legal issue of how to patent such a work.
Arguments for Allowing AI to Hold Patents
Advocates of using AI for patent drafting argue that the exclusion of AI from IP is a deterrence to invention.
Companies that own or are working on AI may not want to develop AI-based tools without the intellectual property of the inventions. Key arguments in favor of AI patent rights include:
1. Enabling AI-Based Innovation: Not only is AI-based innovation bringing us innovative ideas in a new "creative" way, but also patenting AI-based innovation will promote innovation.
2. Recognizing AI’s Contribution: Many AI systems, including those developed by AI tech solutions, play a direct role in creating inventions, making it logical to acknowledge their contributions.
3. Repositioning the landscape of innovation: While the capabilities of AI develop, patent law needs to move with the times' technological realities.
Arguments Against AI Holding Patents
On the one hand, it is proclaimed that the patent of AI also goes along with legal and ethical issues. Some of the primary concerns include:
● Lack of responsibility: Whereas human inventors may be responsible for intellectual property litigations, a computer cannot.
● Ownership Relatedness: When an AI generates an invention, ownership is complex. Is the patent "in" the developer of the AI, the user of the AI, or the AI machine per se?
● Ethical Questions: The characterization of AI as possessing legal personhood raises and poses theological questions concerning AI agency and the oversight of AI/generating technologies by humans.
I, Mohammad S A A Alothman, repeatedly point out that while the technologies provided by AI tech solutions aid AI-based innovation, there is also an acknowledgment of the complex challenges that depend on an obligation for intellectual property reform as a matter of law.
The Role of AI Laws in Shaping the Future
In government and legislation, now is the time to review patent law in the manner of AI-powered inventions. Some potential solutions include:
1. Patent Recognition Using Artificial Intelligence: Invention designs created by artificial intelligence-based inventions can be transferred to human managers who may steer and track the evolution of the artificial intelligence protocol.
2. AI-Patent-Types: The creation of new types of legal protection limited to inventions involving AI.
3. Hybrid Ownership Arrangements: Recognizing the contribution of human and artificial intelligence to the patent lifecycle.
AI Tech Solutions are also highly in sync with transnational legal developments, in such a way that AI-based innovations abide by this current transnational AI agenda.
I, Mohammad S A A Alothman, predict that the patent law of the next generation probably will be a compromise that will affirm the positive characteristics of innovation in AI and human control.
Conclusion
The battle for the patentability of inventions based on AI has not finished. Meanwhile, with the expanding creative and computationally complex applications of AI, there is an urgent need for updating the laws of AI.
Policymakers need to navigate the flow of AI-driven innovation forward without creating legal uncertainty. AI tech solutions and other thought leaders are at the cutting edge of these debates, arguing for sensible and equitable intellectual property law.
For me, however, I note that while AI has yet to receive the legal recognition of “inventor,” it undoubtedly has transformed the innovation landscape. Whatever the patent protection for AI may be afforded, its impact on technology and invention is unavoidable.
About the Author: Mohammad S A A Alothman
Mohammad S A A Alothman is an expert in artificial intelligence, innovation and future technologies. Mohammad S A A Alothman leverages a wide experience in AI technology solutions to offer input on the changing space of AI law and IP.
Mohammad S A A Alothman’s strength is in the area of investigating the convergence of technology and legal evolutions so that technological advances in the field of AI are consistent with ethical and legal requirements.
Frequently Asked Questions (FAQs) Section
1. Why is AI’s ability to hold patents such a controversial topic?
AI-driven creations challenge a fundamental tenet of patent law, the requirement of a human inventor. There is a significant body of legal scholarship that suggests that patent protection of AI would invalidate forms of intellectual property and ownership.
2. Has any country granted a patent to an invention conceived by an AI?
There are countries that have patented AI-based inventions, e.g., South Africa, and there are countries that have not (e.g., the U.S. and Europe), who have refused to patent AI-based inventions, arguing that a patent must be attributed to an invention instead of a human inventor.
3. What are the potential risks of granting AI patent rights?
Issuing AI patents can lead to ambiguous rights of ownership, patent-trolling and the risk of monopoly by companies that hold AI. It could also diminish incentives for human inventors.
4. How do companies currently handle AI-generated inventions?
Humans are endorsed as the inventors on the patent in most cases, even though the AI is the dominant force in the invention process. There are some companies that are pushing the legal front to recognize the importance of AI but retain those companies or individuals' ownership.
5. Could AI patents change innovation in the future?
If artificial intelligence were granted patent protection, AI would be capable of engaging in innovation; it could promote rapid technological innovation by automating innovation. On the other hand, it could also give rise to ethical and regulatory concerns about who achieves benefits from AI-driven creativity
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