There's been many popular posts on this subreddit regarding patents on well known ML techniques. Here is your chance to voice your concerns to the US patent office. The United States Patent and Trademark Office (USPTO) is interested in gathering information on patent-related issues regarding artificial intelligence inventions for purposes of evaluating whether further examination guidance is needed to promote the reliability and predictability of patenting artificial intelligence inventions. To assist in gathering this information, the USPTO is publishing questions on artificial intelligence inventions to obtain written comments from the public. The questions are designed to cover a variety of topics from patent examination policy to whether new forms of intellectual property protection are needed.
Artificial intelligence (AI) issues in intellectual property are becoming increasingly ubiquitous. For example, the US Patent and Trademark Office (PTO) has issued "thousands of patents on AI technologies."1 The Persado Message Machine, which creates written content by way of data science and AI and is used by "[o]ver 250 of the world's most valuable brands," can generate marketing messages in 25 languages.2 And the University of Surrey in the UK just filed two patent applications--one that claims a "beverage container based on fractal geometry" and one that claims a device "that may help with search and rescue operations"--alleged to be the first inventions "created autonomously by artificial intelligence (AI) without a human inventor."3 Perhaps given these developments, the PTO has decided that the time is now to begin asking questions that broadly address how AI shifts our basic understanding of patent law concepts like inventorship, eligibility, enablement, and the level of ordinary skill in the art.
Computers should be allowed to patent their inventions, experts have claimed. They say without a change in the law, the findings warn that there will be less innovation, caused by uncertainty, which would prevent industry from capitalising on the huge potential of creative computers. They say the future will bring more disputes over inventorship, with individuals taking credit for inventions that are not genuinely theirs, they say. Researchers say uncertainty could stifle innovation unless the changes are made. We are also likely to see disputes over inventorship, they say.
During the lunch service, attendees will work in groups at their tables to identify issues within proposed hypotheticals. Some issues may be practical in nature while others address policy considerations that are currently being evaluated by the USPTO. This panel will address techniques for and considerations in planning an IP strategy including training data, ML models, and output data. This panel will discuss best practices to address issues of inventorship, adequacy of disclosure, subject matter eligibility, and more. During the lunch service, attendees will work in groups at their tables to identify issues within proposed hypotheticals.
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.