For those who invent things, patents are crucial to preserving the profitability of their ideas and rewarding them for their time, knowledge, skill and ingenuity. Without patents, you might argue that people would be more reluctant to spend time and money developing new ideas. By the same token, it’s important that parents are not given out too freely, otherwise they could end up smothering innovation and progress.
Artificial Intelligence (AI) is having a massive effect on so many areas of life, so it would be foolish to believe that patent law won’t also be affected by it. Federal lawmakers at both the House and Senate levels have already spent time considering the impact AI is having and will have on this already complex area of law.
Human inventors still necessary for a patent
As things currently stand, only humans can apply for patents. Something created entirely by a machine would not currently be applicable for a patent. But where should that line be drawn? The use of AI by humans and the ability of AI systems to make their own decisions are only going to increase, so how much involvement can AI have before an invention becomes ineligible for a patent?
How innovative is it?
Patent law traditionally does not allow you to apply for a patent for an invention that others could relatively easily have arrived at. You need to show that you made a significant leap above what others might arrive at if they were given a bit more time. Anyone who knows how to use AI well now has ridiculous amounts of expertise at their fingertips, making them capable of achieving far more than they could have on their own. This could make deciding whether something is innovative enough to warrant a patent more challenging.
The issue of how AI will affect patent law is as complicated as it sounds. If you are looking to apply for a patent or to challenge the limits that a proposed or existing one would place on you, then be sure to get experienced legal guidance to learn more about the current state of play and your options going forward.
