Artificial Intelligence and Intellectual Property: Who Owns Property Created by an Algorithm or a Robot?

Abstract

The University of Surrey has filed multiple patents in the United Kingdom on behalf of an Artificial Intelligence (AI) Robot, Device for the Autonomous Bootstrapping of Unified Sentience (DABUS). The two ideas were artificially created by DABUS without any human intervention, but for centuries, intellectual property ownership has been created on behalf of humans. With improving computing power and abilities of Artificial Intelligence, the need to copyright for non-human beings is being called to question. This case study analyses the question: should the University of Surrey, or any other entity, be allowed to apply for intellectual property protection on behalf of an AI robot or algorithm?

This case was prepared for inclusion in Sage Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes.

2024 Sage Publications, Inc. All Rights Reserved

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Resources

Exhibit A: Pictures of Beverage container

An image shows a six-sided figure with several arrows pointing at various points. Each side has three large and two small extensions.The outline of the extensions are formed by small concave and convex curves.The numbers 10, 12, 14, 16, 18, 20, 22, 24, 26, 40, 42 are labeled on the arrows. Numbers 40 and 42 are labeled twice in the figure. On the right side of the figure two double-sided arrows span the length of the side and has labels “d” and “D.”

Figure 1

An image shows the model of the beverage container designed with convex and concave fractal elements.

Source: http://artificialinventor.com/wp-content/uploads/2019/07/Fractal-Container-Drawings.pdf

Three dimensional view of the first container (on top) is labeled “wall of container A” and is shaded in light color. Three arrows point to three points in the figure and are numbered 40, 42, and 100. Three dimensional view of the second container (on bottom) is labeled “wall of container B” and is shaded in darker color. Three arrows point to three points in the figure and are numbered 42, 40, and 110. Walls of the containers have three bigger sized extensions and two smaller sized extensions. An upward arrow from the container labeled “wall of container B” points to the container labeled “wall of container A.”

Figure 2

An image shows an enlarged three dimensional view of the walls of two fractal containers.

Source: http://artificialinventor.com/wp-content/uploads/2019/07/Fractal-Container-Drawings.pdf

Image shows a container with walls shaded in lighter color merged with the walls of a container shaded in darker color. Walls of the containers have three bigger sized extensions and two smaller sized extensions. Three downward arrows point to three points on the figure and are numbered 40, 42, and 100, and three upward arrows point to three points on the figure and are numbered 42, 40, and 110.

Figure 3

An image shows an enlarged three dimensional view of the walls of two fractal containers merged together.

Source: http://artificialinventor.com/wp-content/uploads/2019/07/Fractal-Container-Drawings.pdf

Exhibit B: Pictures of Emergency Device

An image shows the blueprint of a cylindrical emergency device. Various parts of the device are numbered and marked by straight lines. Device has a half-capsule shaped top labeled “8” and an uneven star shape on top of the capsule labeled “6.” Four long vertical lines below the capsule are labeled “4.” A trapezium shape below the four vertical lines is labeled “10.” A square shaded with a dotted pattern attached to the trapezium by a vertical rectangle is labeled “12.” A thicker leftward arrow points to the square and is labeled “14.” A vertical line on the left spanning the entire image is labeled “2.”

Figure 1

An image shows an emergency device created by DABUS.

Source: http://artificialinventor.com/wp-content/uploads/2019/07/Neural-Flame-Drawings.pdf

Exhibit C: United States Patent and Trademark Office Request for Comments

  • Inventions that utilize AI, as well as inventions that are developed by AI, have commonly been referred to as “AI inventions.” What are elements of an AI invention? For example: The problem to be addressed (e.g., application of AI); the structure of the database on which the AI will be trained and will act; the training of the algorithm on the data; the algorithm itself; the results of the AI invention through an automated process; the policies/weights to be applied to the data that affects the outcome of the results; and/or other elements.
  • What are the different ways that a natural person can contribute to conception of an AI invention and be eligible to be a named inventor? For example: Designing the algorithm and/or weighting adaptations; structuring the data on which the algorithm runs; running the AI algorithm on the data and obtaining the results.
  • Do current patent laws and regulations regarding inventorship need to be revised to take into account inventions where an entity or entities other than a natural person contributed to the conception of an invention?
  • Should an entity or entities other than a natural person, or company to which a natural person assigns an invention, be able to own a patent on the AI invention? For example: Should a company who trains the artificial intelligence process that creates the invention be able to be an owner?
  • Are there any patent eligibility considerations unique to AI inventions?
  • Are there any disclosure-related considerations unique to AI inventions? For example, under current practice, written description support for computer-implemented inventions generally require sufficient disclosure of an algorithm to perform a claimed function, such that a person of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention. Does there need to be a change in the level of detail an applicant must provide in order to comply with the written description requirement, particularly for deep-learning systems that may have a large number of hidden layers with weights that evolve during the learning/training process without human intervention or knowledge?
  • How can patent applications for AI inventions best comply with the enablement requirement, particularly given the degree of unpredictability of certain AI systems?
  • Does AI impact the level of a person of ordinary skill in the art? If so, how? For example: Should assessment of the level of ordinary skill in the art reflect the capability possessed by AI?
  • Are there any prior art considerations unique to AI inventions?
  • Are there any new forms of intellectual property protections that are needed for AI inventions, such as data protection?
  • Are there any other issues pertinent to patenting AI inventions that we should examine?
  • Are there any relevant policies or practices from other major patent agencies that may help inform USPTO’s policies and practices regarding patenting of AI inventions?

This case was prepared for inclusion in Sage Business Cases primarily as a basis for classroom discussion or self-study, and is not meant to illustrate either effective or ineffective management styles. Nothing herein shall be deemed to be an endorsement of any kind. This case is for scholarly, educational, or personal use only within your university, and cannot be forwarded outside the university or used for other commercial purposes.

2024 Sage Publications, Inc. All Rights Reserved

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