Artificial intelligence-based technologies will play an important role in patent practice, in particular to meet the growing demand for patents to protect increasingly complex inventions. We are already seeing new tools to support patent litigation, research, portfolio management, and law enforcement. These and other initiatives currently under development will be extended soon. Let’s look at what role artificial intelligence technologies can play in patents and how they can support and enhance the work of patent specialists.
In a recent survey, two-thirds of respondents and 69% of AI patent specialists faced all other questions related to the possible impact on work of intellectual property in the next five years. Activities like intellectual property portfolio management, patent research, and annuity payments have been shown to affect artificial intelligence, machine learning, and automation tools. The vast majority of respondents said that automation and artificial intelligence would improve the performance of IP services. However, the study also showed some uncertainties. Do you want to make the most of your patent searches?
More than half of the respondents said that they do not know whether there is enough useful information about artificial intelligence and its effects at the moment. Part of this uncertainty may be that AI can help professionals deliver results to their clients, but also ask questions about the need to reform laws, regulations and processes. Artificial intelligence tools can also change the way people work and the way they work. Unlike almost all other technologies, artificial intelligence therefore raises basic questions about intellectual property policy and practice.
Artificial Intelligence And Patent Policy
WIPO recently launched a consultation on intellectual property and artificial intelligence policy and received responses from 22 Member States, more than 100 organizations and more than 100 people. BlackBerry, Robert Bosch, Ericsson, Huawei, IBM UK, Intel, Merck, Philips, Siemens and Tencent were some of the companies that commented. Comments addressed many topics contained in the WIPO Concept Design Document, paying particular attention to the impact of inventions generated independently of artificial intelligence. Although some argue that this possibility is not urgent, the problem has recently been highlighted by filing numerous patent applications for two inventions designating the machine called “Dabus” as the inventor.
Dabus’s questions really ask whether nonhumans can be called inventors in patent applications. Two decisions published so far (issued by EPO and British IPO) recognized that the machine was the inventor in these two cases, but cannot be considered as such in light of the applicable regulations. Both cases have been questioned, and these decisions, as well as those of other jurisdictions, should further clarify this interesting and important issue.
Other issues raised in WIPO’s communications include patentability, lack of evidence, and the review and disclosure of “artistic knowledge” that is the backbone of the patent system. WIPO will carefully examine these and other political issues and carry out a revised written analysis later this year. Other patent offices, such as EPO and USPTO, are also conducting research and organizing events to determine whether changes to patent laws and regulations are needed. These political problems are necessary and it will take some time for them to be fair and sustainable throughout the world. Meanwhile, the influence of artificial intelligence on the enforceability of patents is growing.
Some Examples Of Artificial Intelligence In Patent Practice
Patent work is highly technical and includes a large amount of data and strict deadlines. This means that you can significantly benefit from IT tools. The software has long been used by patent specialists for activities such as managing retirement payments and communicating with patent offices. However, AI offers an additional dimension.
With the help of advanced algorithms and with a large amount of data, artificial intelligence systems can recognize images or words (written or spoken), understand language (even in specific contexts) and advise them in this regard or make decisions based on the machine learning and previous results. Artificial intelligence tools can help inventors and third parties find their way in the growing world of patents. With approximately 120 million patent documents available in many different languages and growing day by day, artificial intelligence may soon become a necessary condition for maintaining patent management and administration.
Some Ways To Use AI
Patent Research: Before patent consideration, landscape mapping and freedom of action are important. However, it may be almost impossible to raise the number of patents and other prior art solutions that are increasing dramatically every day. Artificial Intelligence Tools can help you identify the most relevant documents based on information analysis and rank them by priority indicators to save you tangible pressure. This can help you analyze quality violations and provide information needed to improve quality and scope of application. This is key to minimizing transaction and business risk.
Risk Management, Analysis and Evaluation Of Patents: Thanks to relevant data, AI can also be used to analyze patent portfolios and assess their strengths or weaknesses in certain areas. The artificial intelligence tools supporting this assessment will increase in complexity as more data is collected, including details on the scope of the claims, features and general information on the state of the art.
Translation: Thanks to advances in speech recognition, artificial intelligence systems are already widely used in translating patents, which is becoming increasingly important due to the rapid increase in the number of documents in languages such as Chinese and Korean. For example, Patent Translate (developed by EPO and Google) is based on the automatic translation of neurons and contains documents in 32 languages. Despite initial skepticism, many patent specialists now rely on translations made with this software.
Development And Legal Action: Although communication between applicants and authorities is primarily in electronic form, the current process for preparing and writing patent applications remains manual. However, some providers currently offer patents based on artificial intelligence, which promises to provide the most complete patent applications when the system receives information about the invention. Given the complexity of patent law, many people have reservations about these services, but it will be interesting to see how they evolve and to what extent they can complement the work of patent attorneys.
Drafting And Reviewing Contracts: In many legal areas, text analysis tools for artificial intelligence are used to compare documents and identify errors or necessary modifications. These will be relevant in the field of patents, particularly in agreements on orders, employee compensation, licenses and technology transfer.
Dispute Resolution: Patent litigation often requires many documents. In countries where disclosures and significant detection obligations are required, electronic detection may require the analysis of thousands or even millions of files in various formats. Tools that quickly and accurately extract relevant information from text, images, sound, databases and more are becoming increasingly valuable.
AI tools can also play a role in other aspects of disputes, such as forecasting results and quantifying compensation. However, there are serious doubts as to whether computers can replace people as defenders or judges.