To protect “AI-devised ideas,” a new type of intellectual property (IP) right could be introduced into UK law.
Following the publication of the government’s national AI plan in September, UK policymakers are evaluating a number of measures to guarantee UK IP legislation “strikes the necessary balance to stimulate the development of AI and its usage across the UK economy.”
Incentivize investment in AI to invent and create
The UK’s Intellectual Property Office (IPO) is consulting on further targeted changes to UK IP legislation, including a possible reduction in, or complete elimination of, copyright protection currently afforded for computer-generated works. The existing text and data mining exception to copyright is also being considered, which might have substantial implications for the future usage of big data. Because “the present norm for inventorship in the UK might possibly be amended to better promote innovation as the capability of AI increases,” the IPO said the prospect of developing a specific IP right in connection to AI-devised inventions is being studied.
The Court of Appeal in London concluded earlier this fall that AI systems cannot now possess or transfer patent rights under UK law. The IPO said in its consultation that the potential new IP right in relation to AI-devised inventions would “protect inventions that currently fail to qualify for patent protection because they are AI-devised, and a human inventor cannot be identified.”
“A new sort of right might have comparable grant conditions as those currently necessary for human conceived ideas,” the IPO noted. It may, however, have a harsher creative step test. Because AI may invent in ways that human inventors would not consider evident, tighter criteria may be necessary. Alternatively, the right could be awarded without a test of obviousness, ensuring that new AI-created inventions are immediately protected. In acknowledgment of rapid innovation turnover, this would ensure that AI-created ideas will be protected promptly. The legality [of the right] could be decided by the courts.”
According to the IPO, there are both pro and con arguments for limiting the duration of protection available for AI-created inventions to shorter than the 20 years that patents can be applied for.
UK considers new IP right for AI
The IPO noted the need to shorten the duration because businesses may not need as much time to obtain a return on their investment in the AI system and to allow for competition and innovation from others. It said, however, that if the right provided less protection than a patent, “it would potentially encourage applicants not to acknowledge AI inventorship to gain patent protection” or, alternatively, “acknowledge AI inventorship when AI was not actually involved” if it meant getting protection faster than they would with a patent.
The IPO is considering alternative approaches for developing a special IP property in connection to AI-devised ideas. These include altering UK patent law to allow patent applications to identify AI systems as inventors, or changing UK patent law to include individuals responsible for an AI system that devises inventions inside the definition of a ‘inventor.’ The IPO’s public consultation on possible IP amendments ends on January 7, 2022. It comes after the IPO teased some of the potential changes earlier this year, and the UK’s national AI strategy subsequently identified probable AI-related reforms.
“IP is one of the levers available to government to increase returns on investments for inventors and creators and thereby incentivize investment in AI to invent and create,” the IPO said. “This consultation considers whether the current IP regime strikes the appropriate balance to encourage the development of AI and its use across the UK economy.”
“The government’s objective is to incentivize investment in AI development and to promote the use of AI for public benefit, whilst enabling competitive markets, consumer choice, and fair access to IP-protected goods for the benefit of society,” it said.
“Any measures we put in place should: encourage innovation in AI technology and promote its use for the public good; preserve the central role of intellectual property in promoting human creativity and innovation; be based on the best available economic evidence,” the IPO said.
(Source: pinsentmasons.com)
You can see a list of UK IP firms here.