The popularity and power of AI technology is rapidly expanding, whether it is in fascinating cutting-edge creative AI models such as DALL-E image generators and ChatGPT chatbots, or the growing popularity and intelligence of AI systems in the home and industry such as self-driving cars virtual assistant.
The advantages of AI technologies continue to be clearly reflected in patent filing trends. In recent years, innovators have filed hundreds of thousands of patent applications for AI-related inventions, making AI the fastest-growing major technology field in global patent filings, from Q1 2018 to Q1 2022, The average annual growth rate is 28%. A report by GlobalData. The areas with the largest number of patent filings in AI are machine learning (ML) models, speech recognition, image analysis, and natural language processing systems, while other areas that are rapidly gaining AI patents include self-driving cars, robotics, medical devices, laboratories, and assays Devices, Bioinformatics, Chemometrics, Drug Discovery, Diagnostics and Personalized Medicine.
The United States Patent and Trademark Office (USPTO) also recognizes the growing importance of filing patents in the field of AI. In June 2022, the USPTO launched the Artificial Intelligence and Emerging Technologies Partnership, a collaborative effort between the USPTO and the AI community, which the USPTO says will “promote and protect the ) and emerging technologies (ET), and making those innovations impact, advances our nation’s economic prosperity and national security, and solves the world’s problems.” In addition to this engagement effort, the USPTO Guidelines on Patent Eligibility continue to assist patent applications Drafts patent-eligible claims protecting AI and machine learning inventions.
Finally, patent offices and courts around the world continue to support the conclusion that while patenting AI technologies is critical, AI systems themselves cannot be named as inventors under the existing patent system. In the US, the Federal Circuit ruled in August that AI systems do not constitute “individuals” under the Leahy-Smith America Invents Act (AIA) and therefore cannot be listed as inventors on patents. ocean Seiler v. Vidal, 43 F.4th 1207 (F. Cir. 2022).Left to another day, however, is the more difficult question of “whether the inventions made by man have assist Or artificial intelligence is eligible for patent protection. ” ID at 1213.
This article is part of a series on trends in artificial intelligence to 2023, written by MoFo Attorneys.