In the present 21st century, the advent of
Artificial Intelligence (AI) is omnipresent in diverse spheres of human life.
Owing to this, not all but most AI experts and innovators today are rushing
towards creating their Intellectual
Property (IP) portfolio in this area. All these facts
have led to a wide range of AI and ML-related patent filing.
According to many recent reports, ML and AI-based Patent
Applications have quadrupled in the last few years. This
remarkable increase is a result of the widespread use of these advanced
technologies in almost all fields.
Scenario of AI Patent Filing in India
Along with being one of the fastest developing economies in the
world, India shows a keen interest in technological growth as well. For
instance, NITI Aayog, the premier policy ‘Think Tank’ of the Government of
India, in June 2018 had published a discussion paper -“AIforAll” – on the
National Strategy for AI. With this and many other efforts by the Indian
government and Intellectual Property Right (IPR)
administrators, AI has become a new target for filing Patent
Registration Applications in India. In the present
times, india is in the top countries that are filings in specific categories,
including
·
Natural Language Processing (NLP) and
·
Computer Vision
Although India has been placed at 8th position for the first
filing in the year 2015, still it achieved 5th place in the total patent
filings related to AI. Microsoft, Accenture, Tata, and HCL Technologies are
amongst the top companies involved in filing the maximum number of Patent
Applications in India. In short, these four
firms are amongst the top patent filers in India.
Worldwide Scenario of AI Patent Filing
As per WIPO (World Intellectual Property Organization) Technology
Trends, following are some key highlights showcasing the global scenario:
·
The United States of America possesses the highest number
of AI-based patent applications.
·
China, with not much lesser number of filings, is
closely following the USA.
·
Besides IBM that has the world’s largest AI-related
patent portfolio, BT group with 86 patent families is the top UK player.
·
Magic Pony Technology, the company which was acquired
by Twitter in 2016, also has a highly specialized AI-related portfolio
·
US businesses have surpassed the British patent
applicants to be the top application filers at the UK’s Intellectual Property
Office as probably the maximum numbers of AI patent applicants are from the US.
·
AI-based technologies are the key drivers for
increasing the percentage of patent filings worldwide.
Legal Aspects of AI Patent Filing
Some vital legal aspects of AI-related Patent Applications Filing
in the global landscape are as follows:
Europe
As per some new guidelines issued by the European Patent Office
(EPO), AI and ML are based on the computational models and algorithms that are
of an abstract mathematical nature. Hence, to quantify for Patent
Registration, an invention must possess technical characteristics
that can associate with a technical field and technical problem.
UK
According to the UK Copyright, Designs, and Patents Act, the
computer-generated works are those generated by computers such that there is no
human creator. It also illustrates how this affects the authorship, by citing
that the author shall be considered as the person who should undertake the
arrangements essential for the creation of the work.
China
In China, the patentability of AI-based inventions hasn’t been
actively discussed yet. Moreover, the Copyright
Law of China doesn’t include Copyright
Protection for machine-generated works, as it’s extremely
debatable. Nevertheless, as large numbers of patent applications based on AI
are filed, it is being predicted that the nation will soon intensify the
deliberation.
Japan
Japan has not yet concluded as to whether AI-based works should
obtain Patent
Protection or not. Nonetheless, the Japanese Patent Office
has recently provided some case examples (both in English and Japanese
languages) of AI-related technologies.
Singapore
When it comes to Singapore, IP policies appear resting in the
middle-of-the-road, i.e., neither minimalist nor maximalist. The experts argued
that these sorts of policies helped Singapore to thrive as a nation over the
last 50 years. Singapore recognizes that AI will reach its full potential only
if the public trusts it, and thus, released a framework for its ethical use.
Hopefully, this up-to-date information regarding the current legal
aspects and global scenario of AI-related patent filing will prove beneficial
for you. It can help you in coming up with AI-based creative and unique work.
It can also aid you in determining where and how to protect your new and useful
creation. For more visit: https://www.kashishipr.com/
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