Is AI Pushing the Envelope of IP Protection?

November 17, 2020

World Intellectual Property Review

By Frank A. DeCosta, Ph.D.; Amanda E. Stephenson; Harry Feng, Ph.D.

The number of patent applications using artificial intelligence (AI) technology filed in the U.S. doubled between 2002 and 2018. With no sign of these numbers decreasing and every expectation that they will continue to grow, the US Patent and Trademark Office (USPTO) has undertaken several initiatives to explore the boundaries of existing IP law and its suitability to address AI-based innovation.

The USPTO has twice issued requests for comments (RFCs) to obtain feedback from the public regarding a variety of policy issues associated with protecting AI-related IP. A team of USPTO experts reported the feedback in October 2020. The impetus for the October 2020 report began back in January 2019 when the USPTO held an AI IP policy conference, which included panels on IP rights regarding AI technology. In August 2019, the USPTO issued an RFC on patenting AI inventions. The comment period ended on November 8, 2019.

In this article, Frank DeCosta, Aliza Carrano, Amanda Stephenson, and Harry Feng discuss the findings on the UPSTO’s report.

Read the full article here.

Originally printed in World Intellectual Property Review on November 17, 2020. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.