Thought Leadership

USPTO Seeking Comments on Patenting of Artificial Intelligence Inventions

Client Updates

The U.S. Patent and Trademark Office (USPTO) recently requested written comments from the patent community on patenting of artificial intelligence (AI) inventions. The USPTO has provided a number of thought provoking questions on which they are seeking input. For example, can AI itself be an inventor of an invention? If AI can be an inventor, who is the owner? Consider, perhaps, the developer of the AI, the trainer of the AI, or the owner of the database used to train the AI? What is an “AI invention”? How are the written description and enablement requirements satisfied for an AI invention, especially for an invention that resulted from training an AI system? What is the level of “ordinary skill in the art” for an AI invention? Comments need to be provided to the USPTO by October 11, 2019, and the USPTO plans to eventually make all comments publicly available. If you are interested in submitting comments, please let us know, as Baker Botts is considering such a submission.

The USPTO’s request can be found here: “Request for Comments on Patenting Artificial Intelligence Inventions,” 84 FR 44889, August 27, 2019.

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