As Artificial intelligence (AI) continues to evolve, its intersection with Intellectual Property (IP) law has become a crucial consideration for innovators. The UK Intellectual Property Office (IPO) has a set of detailed guidelines to evaluate if AI inventions are indeed patentable. Even with this guideline, it still provides a new, unique set of challenges and opportunities that inventors need to be aware of as they start to implement and develop with AI. As legal advisors in the emerging technology space we often have to advise and draft documents predicting what regulations and the landscape might look like in the future. It is one area that we continue to assess on a regular basis.
In the first of these two articles I covered AI and Patent Law and the impact of AI in IP Law. In this second instalment, I cover strategies to protect AI innovations, future trends of AI and IP law, AI-driven IP management and the international merger of AI patent IP laws.
Strategies to Protect AI Innovations
To navigate the complexity of AI and IP law, you should consider the following steps:
- Early Engagement with IP Professionals: Working with an experienced solicitor who has experience with both IPs and AI can help simplify the process. They can work with you to identify what aspects of your AI invention are patentable and ensure the application is framed to highlight those attributes. It is also essential if you discuss the patentable product/innovation, and NDA must be executed. In addition, we strongly advise you to limit the scope of disclosure.
- Detailed Documentation: Through the development process, detailed documentation, including that of technical problems addressed and how they were solved with the use of AI, can strengthen an application for AI innovations.
- Avoid Categories That are Excluded: Focus on the presentation of the AI invention so that it emphasizes its technical nature and how it contributes to solving a specific and chosen technical problem. It must be shown to go beyond mathematics or programs and make a technical contribution. This means that an AI invention is likely to have done so if it controls a technical process external to the computer. For example, the smartwatch used technical parts that were analysed to provide a result with the use of AI, making it technical.
- Monitoring and Staying up to Date: AI is a rapidly changing field and IP law will evolve to try and keep up with these changes. However, it isn’t easy to predict, so a forward-thinking strategy is always required. You should ensure that you are protecting your innovation in the most effective legal standard. That will mean working with a solicitor to review your patents periodically to ensure that your IP stays aligned with your business goals and the legal landscape. This could include reviewing a current IP, reviewing new competitive IPs, and adjusting your protection measures set in place.
Future Trends of AI and IP Law
AI will continue to shape UK laws, particularly patent law. It is important to look at the trajectory of IP law and understand where it may be headed to leverage AI advancements for business benefits and anticipate how patents remain protected and compliant.
AI-Driven IP Management
AI is not only a subject of IP law, but it is also starting to be utilised as a tool for assisting in the management of IP portfolios. An AI portfolio is a collection of IPs typically owned by companies that strictly use IPs to keep a competitive edge, such as Medical companies. These AI tools assist in areas such as:
- Patent Search and Art Analysis: AI is being used for research in fields all over and is soon set to start being implemented for patent searches and analysis. This is through the use of Language processing models and machine learning to identify relevant documents and reduce the risk of human error in overlooking potentially key documents, increasing the chance of a successful patent.
- Document Drafting: Within the corporate and legal field as a whole, AI has continued to grow in its ability to draft documents. As it advances, however, it will continue to be used more and more in the drafting process, making the process not only quicker but also cheaper for inventors.
- Historical Analytics: Here AI is used to analyse historical patent data and recent trends. AI tools can provide comprehensive predictive insights into future trends of IPs. They can identify high-value patents, licensing opportunities, and areas of investment for R&D.
- Potential Drawbacks & Checks: One of the downfalls of starting to use AI in the process of IP management, especially in the research stage, is that of Bias and Overreliance. As AI relies on the data that it is given, it can be inherently biased, skewing the outputs. As it is overused, it can inherently become overly relied on and cause gaps in work. When it comes to applying to patents if the AI system is not closed off it can cause a security risk as the information could be accessed by a competitor of the AI system is open and especially if it regards sensitive information.
Steps can be taken to combat these issues. The first and most important is human review. AI is a great tool and starting point, but it should not be completely relied upon. A conscientious firm should review its work and ensure that it is not solely based on what AI has provided, with no human in the loop.
This can also include cross-validating using other software to ensure what was provided is legally sound. Regarding security, firms should ensure that if the AI system is not specifically designed for legal work, they remove any personal or confidential information before using AI. In the end, it is going to come down to proper employee training and checks and balances.
International Merger of AI Patent IP Laws:
AI is affecting the whole globe and to continually promote innovation with the use of AI, there will need to be a widespread harmonisation of IP laws as it relates to AI. Widespread differences in IP law can make it hard for inventors, founders and investors to seek protection in international businesses. Though steps are already being taken such as:
- WIPO: The World Intellectual Property Organization (WIPO) is currently working on bringing nations together to harmonise AI patent law as it produces a more predictable legal framework. This also would mean the sharing of AI inventions and cooperation of national patent office’s databases and information systems.
- UPC: The Unified Patent Court (UPC) in Europe is an establishment that was formed to create a centralized system. One that aims to provide one venue for resolving patent disputes. Even though England withdrew from the UPC, it still can influence UK companies that do business in other European countries.
- How to Stay Protected: With international mergers of AI patent law, it could mean a loss on your firm’s competitive edge and a reduction on the expected ROI of the firm’s investment in IPs. Not to mention newfound conflicts and vulnerabilities as jurisdictions form differing IP laws and the legal landscape starts to see drastic change quite quickly. The best way for a firm to protect itself is to look for legal expertise and create an IP strategy. This strategy should list the countries in which to license the IP and when it will be done. It should also outline future actions that are to be taken as laws change and adapt. This IP strategy will lay out the changes in the law as for when they will take place and when the new filing and process will take place, allowing the firm to be at ease as far as their IP investment and future.
Conclusion
The intersection of AI and IP law is a dynamic and evolving field, presenting both challenges and opportunities for innovators. By understanding the nuances of patentability, engaging with ethical considerations, and staying informed of future trends, clients can navigate this complex landscape and protect their AI innovations effectively. Early engagement with IP professionals, thorough documentation, and a focus on technical contributions are key strategies for securing robust IP protection in the age of AI. As AI technologies continue to advance, the role of IP law in fostering innovation and ensuring ethical development will be more critical than ever.
In the meantime, if you can’t wait, you can contact us directly for impartial advice by visiting our website https://www.acitylawfirm.com/ or emailing [email protected]
A City Law Firm Limited is a leading entrepreneurial law firm in the city of London, with a dynamic and diverse team of lawyers. It was awarded most innovative law firm, London 2016 and Business Law firm 2017. They specialise in start-up business law, the tech industry, IP and investment.
