Artificial Intelligence (AI) is a fast growing area of inventive effort in the U.S. and around the globe. As AI is making new opportunities for innovation and creativity available in both computer sciences and other technology areas, the U.S. Patent and Trademark Office (USPTO) and other patent offices have moved to start exploring the challenges faced in providing patent protection for AI inventions. These challenges including questions around AI technology inventorship, AI invention claiming, AI invention disclosure sufficiency, and general AI patent policy. Each of the major patent offices around the world is taking a slightly different approach to developing answers to the questions inherent to AI patenting. In the U.S., the USPTO is hosting a conference in January of 2019 to explore issues related to AI patenting. In Europe, the European Patent Office (EPO) has already promulgated examination guidelines addressing many of the AI patent questions. In China, the State Intellectual Property Office (SIPO) has called for more AI patent filings to help China become an innovative force in AI. While the approaches may be different, the landscape for patenting AI in the U.S. and around the world currently appears promising, and countries appear ready to afford strong protection for AI innovations.
Link to USPTO AI Conference Registration:
https://www.uspto.gov/about-us/events/artificial-intelligence-intellectual-property-policy-considerations
Link to EPO Examination Guidelines:
https://www.epo.org/law-practice/legal-texts/html/guidelines2018/e/g_ii_3_3_1.htm
Link to SIPO News on AI:
http://english.sipo.gov.cn/news/officialinformation/1126845.htm