Are AI-generated inventions patentable?
ItemDate=2021-05-27 11:44:05 Status=publish
TopicTaglist=['G2', 'G9', 'G14']
They were both created by generative design — in other words, made by AI. Our patent and copyright system isn’t prepared for inventions or designs by AI. But it’s a far cry from simple CAD design, using algorithms created by AI to generate a first set of designs for a product based on certain input parameters. It will also change our patent and copyright system, which isn’t prepared for inventions or designs by AI. While it is virtually undisputed that AI inventions are not patentable under the current law in the EU, UK and US, with the number of works and inventions being created by AI increasing, there is growing momentum around the idea that they need some kind of legal protection. The UK Copyright, Designs and Patent Act (CDPA) states that in the case of computer-generated works, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken. Besides, the British concept of computer-generated works doesn’t fit with the European principle of creation and the established case law of the European Court of Justice that only human creations are protected by copyright. We are not talking about a mere theoretical risk here — our legal systems wouldn’t afford inventions patent protection and protect product designs, if failing such protection there wouldn’t be a tangible risk of exploitation by free riders. Which brings us to the shape of things to come — not if, but how will AI-generated works be protected by law in the future? This right should not require an invention or the creation of a work of authorship by a human, but only a sizeable investment in the software that created the algorithms that determine the shape and other properties of the final product they create. The owner of such a unique right will be the individual or legal entity that made the investment — only the investor will have the exclusive right to tweak the algorithm and
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