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ARTICLE · 21 DECEMBER 2017

Catch Me If You Can: Litigating Artificial Intelligence Patents

Jones Day
Jones Day
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Given its potential, it is not surprising that the number of granted patents related to AI around the world is increasing exponentially.

United StatesIntellectual Property
Jacqueline K.S. Lee
Jacqueline K.S. Lee
Vishal Khatri
Vishal Khatri
Tracy Stitt
Tracy Stitt
Yury Kalish Ph.D.
Yury Kalish Ph.D.
Jasper L. Tran
Jasper L. Tran
Author LinkedIn connections

In Short

The Situation: Industry leaders are taking serious interest in artificial intelligence, which is the development of computer systems able to perform tasks that normally require human intelligence and judgment.

The Impact: Given its potential, it is not surprising that the number of granted patents related to AI around the world is increasing exponentially.

Looking Ahead: The investment in AI technologies likely will lead to an increase in AI-related patent litigation, and the introduction of a nonhuman actor into a traditional patent infringement analysis means that litigants will face unique issues stemming from the dynamic nature of AI technology.

Artificial intelligence ("AI") is the theory and development of computer systems able to perform tasks that normally require human intelligence and judgment, such as visual perception, speech recognition, decision-making, and translation between languages. Once just the stuff of science fiction, AI

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