UK Patent Attorneys Publish Discussion Paper Calling for Clarity on Patenting Inventions Created by Artificial Intelligence

On June 3, 2020, the UK-based Chartered Institute of Patent Attorneys (CIPA) published a position paper calling for clarity over the patenting of innovations created by artificial intelligence in the United Kingdom (the Paper). The Paper is part of CIPA's work to resolve uncertainties and limitations regarding the inventorship of innovations created using artificial intelligence (AI).

The Paper discusses how current laws in the United Kingdom, Europe and the United States do not allow for artificial intelligence (AI) to be named as the inventor on patent applications, making specific reference to the DABUS patent applications filed and subsequently rejected in the different IP regimes across the globe (including the US, as previously reported by the E-TIPS® Newsletter here and here). The lack of a human inventor has been the crux in the rejection of applications like DABUS, lending credence to the growing tension between current patent regimes and the use of AI without a genuine human contribution to create inventions that are new and non-obvious.

The Paper acknowledges that the involvement of AI systems in creating inventions raises complex issues for the patent system, especially given the inconsistencies from jurisdiction to jurisdiction as to the definition of "inventor". The lack of clarity and harmonisation, as noted by CIPA, may cool AI-supported research and development in the UK and abroad. CIPA calls for a proper investigation and discussion with UK stakeholders, including industry, policy-makers and legislators, before making changes to the policy and legislation to promote a patent regime in line with the continuing evolution of AI systems and their capabilities as innovators.

The Paper can be found here.

Summary By: Hashim Ghazi