IPR-related issues in artificial intelligence

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Presentation transcript:

IPR-related issues in artificial intelligence Denis DAMBOIS DG GROW – IPR unit (F5) European Commission

European Commission Commission Communication on ‘Artificial Intelligence for Europe’ (COM(2018)237, April 2018) stating that ‘Reflection will be needed on interactions between AI and intellectual property rights, from the perspective of both intellectual property offices and users, with a view to fostering innovation and legal certainty in a balanced way’.

IPR regimes and new technologies IP law easily adapted to many new technologies in the past (biotechnology, CIIs, nanotechnology, etc.) But AI is partly different – able to generate itself inventions/creations  new issues External paper (https://ssrn.com/abstract=2931828) : « We argue that traditional patent law has become outdated, inapplicable and irrelevant with respect to inventions created by AI systems. »: really ?

Two main perspectives (1/2) AI systems Classical debate regarding patentability of CIIs, but… Many patenting issues remain to be clarified (cf. EPO conference), including clarity / sufficiency of disclosure Most AI systems are complex: software + hardware + data  many IP regimes may be involved (patents, copyright, DBs, trade secrets, etc.) What about highly complex AI algorithms ? What about data used or generated by AI systems ? (esp. if certain data are shared amongst users)

Two main perspectives (2/2) Inventions/creations generated by AI systems Eligilibily for protection (copyright, patents , …) For patents: How to assess inventive step ? Should the ‘person skilled in the art’ be redefined ? Currently: no requirement to identify how an invention/creation has been made Ownership ( manufacturer of the AI system, owner, user, … ?) What about reach-through claims ? What about infringement liability ?

Tentative conclusions Need for legal certainty Many issues to be clarified Avoid setting the rules in stone too rigidly or fast Avoid rewarding trivial inventions/creations Still provide suitable incentives for innovation Note: The EPO should insert an IA section in its Examination Guidelines (in October 2018)

Thank you !