AI is taking off around the globe. Developments in Europe, Asia, and North America point to a future where machines will quite literally be making machines. What used to be science fiction is becoming a scientific reality, and that means some potentially dramatic shifts in how we secure and utilize patents.

Can Companies Patent AI-Created Inventions?

This is the big question that is still up in the air. The current legal framework does not consider AI to be an entity unto itself. Indeed, the present legal system does not consider AI to be a living, thinking being. It’s a machine, and thus regardless of how intelligent the algorithms, it does not have legal rights or the ability to secure tech patents.

However, AI is inventing everything from drinking cups to simple machines. It is currently being employed to find rapid solutions for vaccines and other medical treatments. It is evolving at a rate that far exceeds that of regulatory or legal frameworks.

As AI evolves, it will change the nature of patent law. It’s likely that in the not too distant future, it could alter the legal standards companies have adhered to for decades. Indeed, it may not be long before AI has the legal recognition to invent patentable goods; or infringe on the patented goods of others.

Public Acceptance of AI is Growing Rapidly

Siri, Alexa, and Google are just the beginning of publicly accessible AI. These systems are learning and sharing data at a rate unprecedented in human history. As public acceptance and dependence on these “superbrains” grow, so too does trust in the ability of AI to produce solutions to common problems.

This includes the ability to improve on existing designs to create novel differences that would thus qualify the product for a patent under the existing frameworks. In particular, patent laws in the US and most of the world do not set a threshold for human involvement in the product development process. The old assumption that every invention was a human invention is no longer accurate.

Can You Sue AI?

Among the issues that granting AI the ability to secure patents creates is the other side of the coin; Can you sue AI for patent infringement? Again, it’s unclear who could be held accountable based on the present regulatory frameworks. Does the software developer bear responsibility, or the company that owns the AI? There is yet to be a clear answer here, but it is certain that the methods of assigning liability will have to coincide with any patent rights granted to AI.

The Impact on Tech Patents

Software designing software and complex machines is already happening. A significant number of tech products in the pipeline are being developed with the assistance of AI. However, these currently require the input of human operators. Therefore, since there is no minimum or maximum threshold for human involvement in the development process, these patents are unaffected. Two to five years from now, it could be completely different.

We encourage you to contact Global Patent Solutions at (877) 208-7308 for more information about our services. It is our pleasure to help you navigate the requirements to secure the tech patents for your company’s future.