Artificial Intelligence & Intellectual Property
“Artificial Intelligence is going to be your partner. If you misuse it, it will be a risk. If you use it right, it can be your partner.”
Artificial intelligence (AI) is no longer a story-line point in visionary science-fiction novels and films. In many aspects of our lives, machines are increasingly performing tasks previously handled by human intelligence. AI technology is escalating across all industries around the globe. AI is knocking innovation in new ways and accelerating with technological advancements in computing power, data and algorithms.
AI is also making inroads into intellectual property as IP protects & vitalize the innovation & creativity. So, the Companies, Organisations, Entrepreneurs should be aware of Intellectual Property considerations as applied to AI innovation.
With innovation comes imitation, infringement and misappropriation. Companies must be vigilant in protecting and enforcing their "Intellectual Property Rights" in AI.
AI and Copyright
The proposition of uplifting the production of creative & innovative work is by protecting it & supporting the authors financially. Intellectual Property aims to promote the progress of useful art and science, and by securing authors & inventors exclusive rights to their writing & discoveries respectively.
Copyright is an important IP asset for AI, as it protects the technology product (code & data) from unauthorized use & counterfeiting. Ownership and confidentiality of the copyright should be clearly set out in a written agreement.
Granting copyright to the person who made the Artificial Intelligence software seems to be more realistic and sensible approach & it will ensure that companies keep investing in technology, keeping in mind that they will get a return on their investment.
As of now, we are not at that stage where no human intervention is required by Artificial intelligence but we are not far from achieving that stage, so we have to construct some type of protection for these creative works.
As significant as this issue may be, it has yet to be effectively addressed and a need for a practical solution still exists. This solution should be both motivational to AI developers and non-turbulent to the current legal system.
It is currently a point of contention in respect of such works whether the work is generated by machine, or the role played by the humans in creation of work. However, most copyright statue yet not clearly define who owns machine- generated works.
AI and Patents
“You should be innovating so fast that you’re invalidating your prior Patents.”
Yes, the above mention quote is very apt as world is growing day by day with new technologies & Invention. Patents provide a time-limited protection for an invention. A patent entitles the patent owner to the exclusive right to make, use and sell his or her invention in exchange for full and clear disclosure on how to work the invention.
Patents provide a mechanism to exclude others from making, using or selling the patented technology, which may help companies obtain or maintain market share, and protect research and development investments. Patents can provide a competitive advantage and may also be used defensively as a negotiation tool.
Yet again there come some complexities when you file patent for AI innovation. Patent take 3-5 years to process. At the same technology is moving lightning fast. If you take too long to patent something that’s truly innovative, it’s likely that someone else may file.
Securing IP can be a major hurdle for the companies, particularly in the AI which brings its own distinctive challenges. AI involves software which is increasingly difficult to patent. Patent offices, along with the courts, have struggled with establishing clear delineations of what is patentable and what is not patentable. The claims have to clearly define the patent eligible innovation with the patent description clearly describing how to make and use the innovation.
3-5 years is very long time in the world of AI for patenting the innovation and any time in that process there are probability you enter in to someone’s else IP. The gap between issues created by advances in AI technology and the ability of the law to address them is getting wider. It should be effectively addressed and a need for a practical solution still exists.
AI and Trade Secret
Trade secret laws protect economically valuable secrets. Protect-able information includes formulas, compilations, programs, methods, techniques, processes, designs, and codes.
Unlike a patent, no application or registration is required to obtain trade secret protection; rather, trade secret protection arises automatically provided that the trade secret owner can demonstrate that the information creates a competitive advantage by virtue of its secrecy and that reasonable measures have been taken to maintain its secrecy.
Many AI system elements are well-suited for trade secret protection, such as: neural networks, including modular network structure and individual modules; training sets, data output, and other data; software including underlying AI code and AI-generated code; and learning, back-propagation, and other algorithms.
If a particular AI trade secret is vital to the company then significant resources and supervision should be devoted to its protection. Companies should consider a Trade secret as important IP asset. A robust “cutting-edge” strategy needs to be developed.
Examples of AI Patent & Companies with most AI Patent
- IBM granted patent for AI managed Traffic Lights
2. Patent for (Hierarchical Temporal Memory) HTM System developed by Numenta.
Patent Holders
- IBM (International Machine Business corp is leading in holding more than 9000 AI patents in 2017.
2. Crotica leads in top patent holders in AI Start-ups.
The “Future”
AI will foster “smart” cities by delivering surveillance, traffic, and other monitoring systems to improve safety, transportation and resource management. In the creation of new and distinct ideas, AI will play a big a role. It will reduce the time we spend inventing things that have already been invented.
AI today is less about imagined scenarios in the far-distant future & more about real world application happening right now around the world. Companies having a robust & well-planned AI protection strategy will help them to enforce their rights when infringement & misappropriation occurs. Innovation is surpassing the law & many aspect of “AI” legal protection are still unlocked questions.