Generally, artificial intelligence (AI) is an automation of a thing that a human being can do, or the simulation of intelligent human behavior by a machine. In other words, AI performs what a human can but with vastly more data and processing of incoming information. Unfortunately, claiming AI in adherence to its typical definition is akin to asking for a Section 101 subject matter eligibility rejection in the United States. Europe and China have already updated their patent examination procedures for AI. If the United States sustains its current examination procedure of machine intelligence in accordance with the abstract idea doctrine under the Alice and Mayo framework established by the Supreme Court, will we be leaving this industry behind?
AI is an umbrella term that encompasses four main categories: reactive AI, limited memory AI, theory of mind AI and self-aware AI. Reactive AI includes machines that operate solely based on the present data inputted; its decisions take into account only the current situation. Reactive AI dont make inferences based on the data inputted. Examples of reactive AI include spam filters, Netflix show recommendations and computer chess players.
Limited memory AI is capable of making decisions based on data from the recent past and is capable of improving its decision-making processes over time. This is the category in which the vast majority of research and development and patenting is taking place. Examples of limited memory AI include autonomous vehicles capable of interpreting data received from the environment and making automatic adjustments to behavior when necessary.
The machines grow more prescient in the next two categories these include AI that can understand human emotions and make decisions based on that understanding in theory of mind AI. Even more futuristic are self-aware AIthese machines are capable of processing the mental states of others and emotions, as well as having their own. Think about the robots in Wall-E or, more darkly, in I Robot.
When the original patent laws were drafted, lawmakers did not anticipate that one day we might have machines with decision-making capabilities that would mirror that of humans. As a result, the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) all have subject matter eligibility restrictions with respect to mental processes and patenting tasks that a human can perform, particularly what a human mind can perform, which includes processing information and data and making decisions based on said information and data. The idea is to prevent the patent system from being abused in this way. But, in view of the new technologies emerging in the field of AI, each of these offices have attempted to update their examination procedure to at best try to capture some of this subject matter.
The CNIPA prohibits patenting methods for mental activities. Recently, the CNIPA issued Draft Examination Guidelines on examining inventions related to the improvement of algorithms for artificial intelligence (such as deep learning, classification and clustering and big data processing). When looking for a technical solution that can render machine intelligence patentable, the CNIPA proposes looking at improvements to algorithms and big data processing, whether the algorithms have a specific technical relationship with the internal structure of the computer system, and/or improvements to hardware computing efficiency or execution effect. The CNIPA considers improvements to data storage size, data transmission rate and hardware processing speed as evidence of a technical solution required for patentability.
In March of this year, the EPOs 2022 Guidelines for Examination came into effect, which state explicitly, [a] mathematical method may contribute to the technical character of an invention, i.e. contribute to producing a technical effect that serves a technical purpose, by its application to a field of technology and/or by being adapted to a specific technical implementation. The EPO is going so far as to explicitly state that mathematical formulas can be patentable if used in specific technical implementation. Specific examples of improvements to technical effect include efficient use of computer storage capacity or network bandwidth. EPO has published a series of examples of mathematical formulas that contribute to a showing of technical effect.
The USPTO issued its latest Guidance on examination back in 2019. The Guidance heavily emphasized technical improvements to a machine or functioning of a machine for overcoming a subject matter ineligible directed to abstract idea rejection. Notably, technical improvements in the US basically exclude end user benefits, which is different from the new CNIPA and EPO practice which allows user benefits to be a consideration of technical effect. Also unique to the United States is our Supreme Court, which occasionally intervenes on patent matters, particularly with the Alice and Mayo decisions, which supersede any type of USPTO guidance. The USPTO Guidance was constructed within the confines of the abstract idea/law of nature framework of Alice and Mayo, so it was unable to go as far as what the CNIPA and the EPO Guidelines have done in designating mathematical formulas to be patentable when implemented by a machine, and designating big data processing and improvements to hardware processing speed to be patentable. So, in terms of examination procedure for machine processes and machine intelligence, we are unfortunately a bit behind.
To learn more, watch the latest installment of IP Practice Vlogs, available here.
Visit link:
What is AI and How is it Treated by the USPTO, EPO and CNIPA? - IPWatchdog.com
- Chinese national arrested and charged with stealing AI trade secrets from Google - NPR - March 8th, 2024 [March 8th, 2024]
- President Biden Calls for Ban on AI Voice Impersonations During State of the Union - Variety - March 8th, 2024 [March 8th, 2024]
- Revolutionize Your Business with AWS Generative AI Competency Partners | Amazon Web Services - AWS Blog - March 8th, 2024 [March 8th, 2024]
- Broadcom Expects AI Demand to Help Offset Weakness Elsewhere - Yahoo Finance - March 8th, 2024 [March 8th, 2024]
- Micron Hits Record High With Analysts Calling It an 'Under-Appreciated AI Beneficiary' - Investopedia - March 8th, 2024 [March 8th, 2024]
- The Adams administration quietly hired its first AI czar. Who is he? - City & State New York - March 8th, 2024 [March 8th, 2024]
- AI likely to increase energy use and accelerate climate misinformation report - The Guardian - March 8th, 2024 [March 8th, 2024]
- This Artificial Intelligence (AI) Stock Could Double, and It Is Way Cheaper Than Nvidia - Yahoo Finance - March 8th, 2024 [March 8th, 2024]
- Fake images made to show Trump with Black supporters highlight concerns around AI and elections - The Associated Press - March 8th, 2024 [March 8th, 2024]
- Artificial intelligence and illusions of understanding in scientific research - Nature.com - March 8th, 2024 [March 8th, 2024]
- Analysis | House AI task force leaders take long view on regulating the tools - The Washington Post - March 8th, 2024 [March 8th, 2024]
- Don't Give Your Business Data to AI Companies - Dark Reading - March 8th, 2024 [March 8th, 2024]
- NIST, the lab at the center of Bidens AI safety push, is decaying - The Washington Post - March 8th, 2024 [March 8th, 2024]
- Essay | AI is Coming! Tips for Staying Calm and Carrying On - The Wall Street Journal - March 8th, 2024 [March 8th, 2024]
- AI can be easily used to make fake election photos - report - BBC.com - March 8th, 2024 [March 8th, 2024]
- 5 Artificial Intelligence (AI) Stocks That Could Make You a Millionaire - Yahoo Finance - March 8th, 2024 [March 8th, 2024]
- AI could be an extraordinary force for good. So why do our politicians still not have a plan? - The Guardian - March 8th, 2024 [March 8th, 2024]
- Mapping Disease Trajectories from Birth to Death with AI - Neuroscience News - March 8th, 2024 [March 8th, 2024]
- India plans 10,000-GPU sovereign AI supercomputer - The Register - March 8th, 2024 [March 8th, 2024]
- SAP enhances Datasphere and SAC for AI-driven transformation - CIO - March 8th, 2024 [March 8th, 2024]
- Jim Cramer names companies and sectors poised to rally on the AI wave - CNBC - March 8th, 2024 [March 8th, 2024]
- The job applicants shut out by AI: The interviewer sounded like Siri - The Guardian - March 8th, 2024 [March 8th, 2024]
- Microsoft confirms Surface and Windows AI event for March 21st - The Verge - March 8th, 2024 [March 8th, 2024]
- Adobes new Express app brings Firefly AI tools to iOS and Android - The Verge - March 8th, 2024 [March 8th, 2024]
- A Google AI Watched 30,000 Hours of Video GamesNow It Makes Its Own - Singularity Hub - March 8th, 2024 [March 8th, 2024]
- Palantir CEO Karp on TITAN, AI Warfare Technology - Bloomberg - March 8th, 2024 [March 8th, 2024]
- Elliptic Curve Murmurations Found With AI Take Flight - Quanta Magazine - March 8th, 2024 [March 8th, 2024]
- 5 AI Stocks to Buy in March 2024, According to Analysts - TipRanks.com - TipRanks - March 8th, 2024 [March 8th, 2024]
- Wix's new AI chatbot builds websites in seconds based on prompts - The Verge - March 8th, 2024 [March 8th, 2024]
- Amid record high energy demand, America is running out of electricity - The Washington Post - March 8th, 2024 [March 8th, 2024]
- AI Crypto Tokens in 5 Minutes: What to Know and Where to Start - Inc. - February 26th, 2024 [February 26th, 2024]
- 'The Worlds I See' by AI visionary Fei-Fei Li '99 selected as Princeton Pre-read - Princeton University - February 26th, 2024 [February 26th, 2024]
- AI is having a 1995 moment, analyst says - Business Insider - February 26th, 2024 [February 26th, 2024]
- Vatican research group's book outlines AI's 'brave new world' - National Catholic Reporter - February 26th, 2024 [February 26th, 2024]
- Honor's Magic 6 Pro launches internationally with AI-powered eye tracking on the way - The Verge - February 26th, 2024 [February 26th, 2024]
- Google explains Gemini's embarrassing AI pictures of diverse Nazis - The Verge - February 26th, 2024 [February 26th, 2024]
- Google cut a deal with Reddit for AI training data - The Verge - February 26th, 2024 [February 26th, 2024]
- What's the point of Elon Musk's AI company? - The Verge - February 26th, 2024 [February 26th, 2024]
- AI agents like Rabbit aim to book your vacation and order your Uber - NPR - February 26th, 2024 [February 26th, 2024]
- Announcing Microsofts open automation framework to red team generative AI Systems - Microsoft - February 26th, 2024 [February 26th, 2024]
- After Nvidia's latest blowout, here are 20 AI stocks expected to rise as much as 44% - Yahoo Finance - February 26th, 2024 [February 26th, 2024]
- 1 Exceptional AI Chip Stock Investors Need to Know About in 2024 - The Motley Fool - February 26th, 2024 [February 26th, 2024]
- Nvidia briefly hits $2 trillion valuation as AI frenzy grips Wall Street - Reuters - February 26th, 2024 [February 26th, 2024]
- AI Chatbots Can Guess Your Personal Information From What You ... - WIRED - October 18th, 2023 [October 18th, 2023]
- Harvard IT Launches Pilot of AI Sandbox to Enable Walled-Off Use ... - Harvard Crimson - October 18th, 2023 [October 18th, 2023]
- Advancing policing through AI: Insights from the global law ... - Police News - October 18th, 2023 [October 18th, 2023]
- Hochul announces new SUNY, IBM investments in AI - Olean Times Herald - October 18th, 2023 [October 18th, 2023]
- Nvidia's banking on TensorRT to expand its generative AI dominance - The Verge - October 18th, 2023 [October 18th, 2023]
- AI expands from MRFs to vehicles - Plastics Recycling Update - October 18th, 2023 [October 18th, 2023]
- AI Reads Ancient Scroll Charred by Mount Vesuvius in Tech First - Scientific American - October 18th, 2023 [October 18th, 2023]
- A DEEPer (squared) dive into AI Harvard Gazette - Harvard Gazette - October 18th, 2023 [October 18th, 2023]
- Florida bar weighs whether lawyers using AI need client consent - Reuters - October 18th, 2023 [October 18th, 2023]
- Cognizant and Vianai Systems Announce Strategic Partnership to ... - PR Newswire - October 18th, 2023 [October 18th, 2023]
- How AI could speed up scientific discoveries, from proteins to ... - NPR - October 18th, 2023 [October 18th, 2023]
- AI challenge to deliver better healthcare | Western Australian ... - Government of Western Australia - October 18th, 2023 [October 18th, 2023]
- Henry Kissinger: The Path to AI Arms Control - Foreign Affairs Magazine - October 18th, 2023 [October 18th, 2023]
- Stability AI releases StableStudio in latest push for open-source AI - The Verge - May 18th, 2023 [May 18th, 2023]
- Google CEO Sundar Pichai Predicts That This Profession Will Be ... - The Motley Fool - May 18th, 2023 [May 18th, 2023]
- Frances privacy watchdog eyes protection against data scraping in AI action plan - TechCrunch - May 18th, 2023 [May 18th, 2023]
- Investing in Hippocratic AI - Andreessen Horowitz - May 18th, 2023 [May 18th, 2023]
- As Alphabet flexes its AI prowess, there's a 'new elephant in the room' for Google - MarketWatch - May 18th, 2023 [May 18th, 2023]
- The Boring Future of Generative AI | WIRED - WIRED - May 18th, 2023 [May 18th, 2023]
- OpenAI readies new open-source AI model, The Information reports - Reuters.com - May 18th, 2023 [May 18th, 2023]
- What every CEO should know about generative AI - McKinsey - May 18th, 2023 [May 18th, 2023]
- AI creates images of the 'perfect' man and woman - Sky News - May 18th, 2023 [May 18th, 2023]
- Audit AI search tools now, before they skew research - Nature.com - May 18th, 2023 [May 18th, 2023]
- 3 Reasons C3.ai Stock Could Be Your Golden Ticket to the AI ... - InvestorPlace - May 18th, 2023 [May 18th, 2023]
- Zoom makes a big bet on AI with investment in Anthropic - VentureBeat - May 18th, 2023 [May 18th, 2023]
- AI voice phone scams are on the rise. Here's how to avoid them - USA TODAY - May 18th, 2023 [May 18th, 2023]
- Amazon is building an AI-powered conversational experience for ... - The Verge - May 18th, 2023 [May 18th, 2023]
- AI speculators need to 'differentiate between actual spending and investment' and hype: Strategist - Yahoo Finance - May 18th, 2023 [May 18th, 2023]
- AI Can Be Both Accurate and Transparent - HBR.org Daily - May 18th, 2023 [May 18th, 2023]
- You're Probably Underestimating AI Chatbots | WIRED - WIRED - May 18th, 2023 [May 18th, 2023]
- AI presents political peril for 2024 with threat to mislead voters - The Associated Press - May 18th, 2023 [May 18th, 2023]
- We need AI to help us face the challenges of the future - The Guardian - May 18th, 2023 [May 18th, 2023]
- End Of Googles Dominance? Stock Gets Rare Analyst Downgrade Over AI Fears - Forbes - May 18th, 2023 [May 18th, 2023]
- Watch 44 million atoms simulated using AI and a supercomputer - New Scientist - May 18th, 2023 [May 18th, 2023]
- AI Is The New Electricity: Bank Of America Picks 20 Stocks To Cash In On ChatGPT Hype - Forbes - March 2nd, 2023 [March 2nd, 2023]
- Tech Giants Are Barreling Headfirst Into an AI Arms Race - February 20th, 2023 [February 20th, 2023]
- Bing's AI Is Threatening Users. That's No Laughing Matter - TIME - February 20th, 2023 [February 20th, 2023]