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ARTICLE · 22 AUGUST 2024

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Storm clouds around AI patentability

There has been a general reluctance of patent offices to recognise and protect this significant new technology.

AustraliaIntellectual Property

With the global technology race to create large scaled AI learning systems utilising Artificial Neural Networks (ANNs) and Reinforcement Learning, there has been a general reluctance of patent offices around the world to recognise and protect this significant new technology.

Recent developments from patent offices in the UK, Europe and the US indicate a restrictive trend amongst patent offices in the recognition in patent rights for ANN technology. Early indicators are that the Australia and New Zealand offices are likely to follow this trend.

While these patent office pronouncements produce a complex labyrinth of decisions, patent practitioners are left with the impression that, by careful crafting of their patent applications for ANNs to account for these pronouncements, they will suddenly turn their patent claims from patent ineligible to patent eligible.

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