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ARTICLE · 10 SEPTEMBER 2019

When Innovation Invents: Artificial Intelligence Issues At The U.S. Patent And Trademark Office

Jones Day
Jones Day
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These questions are no longer so far in the distance.

United StatesIntellectual Property
Carl Kukkonen III
Carl Kukkonen III
Emily J. Tait
Emily J. Tait
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In Short

The Situation: Artificial intelligence ("AI") is growing more powerful and gaining application in many areas. AI can now create new innovation on its own, without a human inventor—a capability that will only expand as technology progresses. Whether patent protection should be available for innovation invented by AI remains an open and pressing issue.

The Result: Two recent patent applications seek patent protection for inventions that were created autonomously by AI without a human inventor. The applicants want the AI to be deemed the inventor and the AI's owners to receive the patent rights. The United States Patent and Trademark Office ("PTO") is now exploring the relationship between AI and patent law, seeking public comment by October 11, 2019.

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