UK considers new IP right for AI

A new form of intellectual property (IP) right could be written into UK law to provide protection to “AI-devised inventions”.

On 29 October 2021, the UK IPO launched a further consultation on IP Protection and AI. Earlier this year, the UK IPO published the results of its first consultation.

This new consultation is focused on three specific areas:

1.Patent protection for AI-devised inventions. Should we protect them, and if so, Copyright protection for works generated on computers without human These are currently protected in the UK for 50 years. But they should be protected at all, and if so, how should they be protected?

2.Text and data mining to licenses or copyright exemptions that are often important in the use and development of AI.

3.Patent protection of the AI-devised Do we need to protect them? If so, how should they be protected?

IPO said “A new type of right could have similar conditions for grant as those currently required for human devised inventions. However, it could have a stricter test of inventive step. A stricter test could be appropriate because AI may invent in ways that human inventors would not deem obvious. Alternatively, the right could be granted without a test of obviousness, with novel AI-devised inventions being automatically protected. This would provide certainty that AI-devised inventions would be protected quickly in recognition of faster innovation turnover. Decisions on validity [of the right] could be left to the courts.” “There would be both reasons for and against shortening the term of protection available for AI-devised inventions to less than the 20 years that patents can apply for,” The IPO added.

An alternative option for developing specific intellectual property rights in connection with AI- devised inventions is being considered by the IPO. This includes a law that modifies UK patent law to include the person responsible for developing an invention under the concept of “inventor” and allows the legislation to identify the AI ​​system as an inventor in a patent application.