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USPTO Requests Comments on Patenting Artificial Intelligence Inventions Lexology

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On August 22, 2019, the United States Patent and Trademark Office (USPTO) published a request for comments on patenting artificial intelligence inventions. Written comments must be received on or before October 11, 2019. The AI inventorship issue came to a head earlier this year when the inventor of an algorithm named DABUS (device for the autonomous bootstrapping of unified sentience) filed beverage container and flashing light patent applications in DABUS' name in the United Kingdom, Europe, and the United States. Additionally, many today see patent eligibility as a significant hurdle to obtaining patent protection in AI technologies. China and the United States lead in patent filings in all AI techniques and functional applications, as well as AI application fields.


Global Artificial Intelligence Patent Survey - insideBIGDATA

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The Northern District of California confirmed this approach by invalidating claims directed to automatically generating an "ensemble" of machine learning models under § 101 stating that it was directed towards "mathematical processes that not only could be performed by humans but also go to the general abstract concept of predictive analytics rather than any specific application."


Despite Pledging Openness, Companies Rush to Patent AI Tech

WIRED

"We create open platforms and share our technology because it helps new ideas get out faster," Pichai said. Then he namechecked TensorFlow, the machine learning software Google developed and uses internally. The company open sourced the code in 2015, and it has since been downloaded more than 15 million times. "We created TensorFlow to make it possible for anyone to use AI," Pichai said. Such homilies to openness have become standard from the large tech companies competing intensely to develop AI technology.


IBM leads Microsoft, Toshiba, and Samsung in AI-related patents: UN

ZDNet

Since the emergence of artificial intelligence (AI) during the 1950s, nearly 340,000 AI-related inventions have been filed for patents, a report from the UN World Intellectual Property Organisation (WIPO) has revealed. According to the WIPO Technology Trends report [PDF], IBM currently has the largest portfolio of AI patent applications, with 8,290 patented inventions. This is followed by Microsoft, who has 5,930 inventions. Toshiba, Samsung, and NEC -- who possess the third, fourth, and fifth largest portfolios -- have 5,223, 5,102, and 4,406 AI patent applications respectively. Despite IBM and Microsoft having the biggest portfolios, the Chinese state-owned SGCC has enjoyed the greatest growth from 2013 to 2016 in amount of patents filed, with a remarkable 70 percent annual average growth rate.


The AI patent boom

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The World Intellectual Property Organization's (WIPO) first report of a series called WIPO Technology Trends, an extensive study of patent applications and other scientific documents, offers clues to the next big thing in AI. Rather than treating'AI' as a single homogeneous discipline (see our guide to AI terminology), the WIPO report divides it into AI techniques, AI functional applications and AI application fields, offering a finer-grained analysis. AI techniques are advanced forms of statistical and mathematical models used in AI, including machine learning, logic programming, ontology engineering, probabilistic reasoning and fuzzy logic. Machine learning is included in more than one third of all identified inventions and represents 89 per cent of AI filings, the report finds. Between 2013 and 2016, filings related to deep learning rocketed by about 175 per cent.