Protecting Inventions Relating to Artificial Intelligence: Best Practices

Intellectual property counsel Christina Huang coauthored a white paper for the Intellectual Property Owners Association discussing patent protection as it relates to artificial intelligence (AI) inventions.

The paper explores a range of intellectual property issues and considerations surrounding AI inventions, from patent drafting, prosecution, to enforcement, and notes how patent process (e.g., patent laws, rules and regulations) varies across several countries and jurisdictions. 

They also explain why AI “inventorship” differs across jurisdictions. At the time of the article’s publication, the U.S., U.K., Korea, China and others find that AI should not be listed as an inventor. However, South Africa and Australia both have held AI-generated inventions as patentable and listed AI as an inventor. They advise applicants to monitor the outcome of litigations associated with AI-generated inventions as precedent may change in the noted jurisdictions.