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ARTICLE · 08 AUGUST 2022

Is AI Patent Infringement Detectable?

One of the things that is on our clients' minds when filing patents is whether the invention is detectable – after all, a patent is of limited use if you can't detect infringement.

United KingdomIntellectual Property

One of the things that is on our clients' minds when filing patents is whether the invention is detectable – after all, a patent is of limited use if you can't detect infringement.

There seems to be a general assumption in the industry that Machine Learning (ML) models can't be reverse engineered due to their black box nature, and that there is limited value in pursuing patents for “hidden AI”.

To get to the bottom of the detectability question, we sat down with Chris Whittleston, Delivery Lead at Faculty, one of the UK's well known AI companies, for an informal chat about reverse engineering. We asked him what might be detectable in different scenarios; this is a summary of what we learnt.

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