Document Type

Article

Publication Title

Jet Law

Publication Date

2022

ISSN

1536-3872

Page Number

211

Keywords

artificial intelligence, patent law, intellectual property

Disciplines

Computer Law | Intellectual Property Law | Law

Abstract

Artificial Intelligence (AI) is already disrupting and will likely continue to disrupt many industries. Despite the role AI already plays, AI systems are becoming increasingly powerful. Ultimately, these systems may become a powerful tool that can lead to the discovery of important inventions or significantly reduce the time required to discover these inventions. Even now, AI systems are independently inventing. However, the resulting AI-generated inventions are unable to receive patent protection under current US patent law. This unpatentability may lead to inefficient results and ineffectively serves the goals of patent law.

To embrace the development and power of AI, Congress should grant patents, subject to a compulsory license, to AI-created inventions. Though the AI systems themselves do not need the same incentive that a human or corporation does to engage in the inventorship process, the prospect of patent protection can encourage the use of AI in the first place. AI is already a valuable tool in the innovative process, and its power may only grow with increased sophistication. Because US patent law seeks to incentivize innovation, its goals are best served by embracing AI inventorship.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.