UK Attorneys call for clarity over Artificial Intelligence and Patents

The Chartered Institute of Patent Attorneys is calling for clarity over the patenting of innovations created by artificial intelligence.

Under current laws, an AI system cannot be named as the inventor on a patent application in the UK, Europe or USA.

In a position paper published today (Wednesday 3 June 2020) CIPA said:

An invention may be created using an AI system that will challenge this human-centric view of inventorship.

Some say this has already happened. The paper refers to patent applications – so far unsuccessful – which name an AI as the inventor. The Institute is working to resolve ongoing legal uncertainty regarding the inventorship of innovations created using or by an AI system. CIPA says such uncertainty might potentially impact AI-supported research and development in the UK and elsewhere.

The paper, Patenting Inventions created using an AI system, by Dr Rachel Free, Dr Coreena Brinck and Dr Simon Davies of CIPA’s Computer Technology Committee, recognises that the involvement of AI systems in creating inventions raises some complex issues for the patent system. The paper states that such issues need to be properly investigated, including discussions with stakeholders such as industry, policy-makers and legislators, before making changes to policy or legislation. Download the full paper below.

For more information, please contact Neil Lampert, Deputy Chief Executive [email protected].

Date published: 3 June 2020