The field of artificial intelligence (AI) has rapidly evolved over the past few years, and with it, the concern about the legal protection of the technology. AI is being used extensively in various industries, including healthcare, finance, transportation, and manufacturing, among others. The technology has also proven to be of immense help in addressing various social and economic challenges such as climate change, job displacement, and urbanization. However, as the use of AI increases, the question of whether the government of the USA will grant patents to AI arises.
To answer this question, we first need to understand what a patent is. A patent is a legal right granted to the holder of an invention, which excludes others from making, using, or selling the invention without the permission of the holder. Patents can protect ideas, discoveries, and inventions, including those related to AI.
In the USA, the patent system is regulated by the United States Patent and Trademark Office (USPTO), which examines and grants patents to inventors and assigns a unique identification number to the patent, known as the Patent Number. The patent system encourages innovation by providing inventors with an incentive to invest their time and resources into creating new and useful products or processes.
However, AI is an unusual technology. It involves developing algorithms that can be trained to perform tasks similar to human intelligence. Unlike traditional inventions, AI does not have a specific inventor, and the creation of AI is usually the result of collaboration between multiple individuals and organizations. Additionally, AI can evolve rapidly and become more complex, making it difficult to determine who owns the technology and who should be granted the patent.
In 2019, the USPTO issued new guidelines to clarify its position on AI-related inventions. The guidelines state that the USPTO will grant patents to AI-related inventions if they meet specific criteria. The AI-related patent applications must prove that the invention is new, non-obvious, and useful. Additionally, the patent application must identify a specific person or group of individuals as the inventor or joint inventors. The guidelines also state that inventions made by AI systems without human intervention cannot be patented.
While these guidelines provide some clarity, the question of whether AI will be granted patents in the future remains unanswered. One of the main challenges to granting patents to AI relates to the ownership of the technology. The creation of AI is often collaborative involving multiple individuals and organizations. Determining who owns the technology can thus be complex and challenging.
Also, AI can continuously adapt and evolve, making it difficult to determine whether the version of AI that is being patented is the same as the version that is being used at the time of the patent application. This can make it difficult to determine whether the patent will be enforceable in the future.
Another challenge to granting patents to AI is related to the validity of the patented technology. AI is continuously learning and evolving, which can lead to changes in the technology’s behavior, performance, and capabilities. The unpredictable nature of AI can make it difficult to determine whether the invention is actually new, non-obvious, and useful. In situations where AI develops and improves on an existing invention, it can be challenging to determine whether the improved version of the invention is eligible for a patent.
Lastly, because AI is still a relatively new technology, there are concerns about the long-term implications of granting patents to AI. Patent protection is supposed to encourage innovation by providing inventors with an incentive to invest their time and resources into creating new and useful products or processes. However, granting patents to AI could stifle innovation by creating monopoly power for those who hold the patents. A few large technology companies could dominate the AI industry by acquiring patents on innovations that involve AI, which can limit competition, reduce innovation and increase prices.
In conclusion, the question of whether the government of the USA will grant patents to AI is complex and challenging. While the USPTO has issued guidelines to provide clarity on the issue, several challenges remain. Determining ownership of AI technology can be difficult due to the collaborative nature of AI development, and AI creatures can continuously adapt and evolve, making it difficult to determine whether the invention is actually new, non-obvious, and useful. Therefore, it is unclear whether the government of the USA will grant patents to AI in the future. Regardless, it is crucial to continue to monitor AI’s development and its impact on the economy, society, and the legal system.
