Artificial intelligence (AI) is a form of computer technology that focuses on developing machines that can think and decide without human input. Essentially, AI imitates human intelligence and has consistently emerged as the most important technological innovation.
However, one of the issues that come with AI is whether its algorithms are patentable. If patentable, what are the requirements and limitations of patenting AI Algorithms, especially because it is hard to decipher between artificial intelligence and human intelligence? Furthermore, inventors risk their intellectual property being stolen without a patent.
What is AI Algorithm?
An artificial intelligence algorithm is a set of rules that allows AI systems to function and solve problems or tackle tasks. AI algorithm ranges from simple system to deeper ones that can recognize patterns and predict or do a lot of other tasks that we all thought only humans could do. These include writing, art, music, etc. However, AI algorithms must assimilate training data to function. Hence, the primary distinction between different kinds of AI algorithms is in the manner in which that data is collected and classified.
Can You Patent an AI Algorithm?
Because the law is territorial, whether or not you can patent an AI Algorithm depends on the jurisdiction. In the United States, for instance, you can get a patent for inventions based on software, including AI algorithms.
Generally, for an innovation to be patentable in the US, the invention must come under one or more of the following headings: machine, method, manufactured article, or composition of matter. Following that, the invention must meet certain standards, which are;
- Novelty: The invention to be patented must be confirmed new and not seen or used in public at all.
- Non-obviousness: The invention to be patented should not be an obvious one that was done based on existing knowledge, either in the form of research or invention.
- Industrial applicability: The invention must be applicable practically in one way or the other.
- Enablement: The invention to be patented must be explainable and explained when applied to allow field professionals to replicate it.
- Utility: The invention to be patented must be useful.
Also, the person or company must have the right to apply for the patent and be ready to pay application fees.
Overall, There are different debates worldwide around the logic of patenting an AI algorithm. Some people think AI algorithms cannot be novel or innovative, while others believe patenting AI algorithms can kill new human ideas and innovation. It can cause legal barriers for incoming AI and stop others from working on the research being worked on.
Issues Surrounding Patenting AI Algorithm
As expected, there are issues locking around patenting AI algorithms. They include:
- Ownership of inventions created by AI: This is attributed to the fact that output generated by AI is not invented by humans. The core requirement for getting a patent is that a human creates the invention. Do we accord AI as inventors?
- Difficulty in proving novelty: It is pretty hard to conclude whether the AI algorithm is novel or non-obvious. Many artificial intelligence relies on a large amount of data, making it hard to get to the root of their invention.
- Ethical issues: Another issue that can branch off patenting AI algorithms is ethical issues. Some people believe that the existence of AI algorithms is due to human effort and, as such, should be a thing for all. It is also very difficult to prove infringement
- Differences in the law: There are varying patent laws from country to country. So, it is hard to give a total and definite verdict when it comes to patenting AI algorithms. This would be better if there were a global law.
How to Solve Patenting AI algorithm Issues
We just discussed how hard it will be to go around the issue of patenting AI algorithms. Here are some suggestions on how to resolve them.
- Specific law for AI algorithm: Because the law is territorial, countries should develop AI algorithm patenting laws. There can also be some regulations concerning patenting AI algorithms in multiple jurisdictions.
- There should be open innovation: Open innovation will allow access to information about AI algorithm development, e.g., data sharing among researchers.
- Global legal harmony: Another way this can be solved is through global legal harmony if all the countries worldwide can have a central agreement and legal stance on AI patent-related issues.
- Ethical consideration: Ethical principles for AI algorithms should be curated, especially for easy commercialization. This will guide and guard dealings related to AI algorithms.
Importance of Patenting an AI Algorithm
As much as there are strong debates on the patenting of AI algorithms, it comes with some level of importance.
- Competitive advantage: The patented AI algorithms give the beneficiary the exclusive patent right over their invention, and of course, this will tune up the money that comes in for them.
- Protection of Intellectual property: An AI algorithm can also be classified as intellectual property, with the need to be protected. This safeguards it from being copied, used, or sold without approval from the beneficiary of the patent. This will motivate innovators, inventors, and investors to invest more in AI tech.
- Potential returns: When AI algorithms get patented, it fosters the interest of investors in investing in research because there is the possibility of a potential return on their investment because of the licensing fees and royalties.
Conclusion
Undoubtedly, Artificial intelligence is a key driver of innovation across many industries. However, it will only continue to be extremely valuable to businesses that are judicious enough to protect their intellectual property.