Journal of Intellectual Property Rights

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Patent Disclosure Requirement for AI-Assisted inventions: A Comparative Study of EU and India


Affiliations
1 Department of Intellectual Property Rights, Technology Policies and Innovation Management, Graduate School of Social Sciences, Ankara University, Turkey., India
 

Patent is based on the concept of quid pro quo. It requires the applicant to draft the application in such a way so that it satisfies the doctrines of written description, enablement, and best mode. However, in case of AI-related invention, the situation is tricky. Most of the inventions carried out by AIhas black box scenario—where the inventor also may not be aware of the fact how the invention was exactly carried out by the AI system. The current study delves into the situation regarding how patent offices in Europe and India are dealing with such scenarios. Focussing on the AI-assisted inventions, the study finds out that in Europe, there is a clear guideline about AI-related inventions. The guidelines are tighter than those of the US. On the other hand, India relies on guidelines on computer related invention.

Keywords

Artificial Intelligence, AI Invention, Patent, Disclosure, PHOSITA, Europe, India.
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Abstract Views: 90

PDF Views: 79




  • Patent Disclosure Requirement for AI-Assisted inventions: A Comparative Study of EU and India

Abstract Views: 90  |  PDF Views: 79

Authors

Ashok Hemanth Upputuri
Department of Intellectual Property Rights, Technology Policies and Innovation Management, Graduate School of Social Sciences, Ankara University, Turkey., India
Zehra Özkan Üner
Department of Intellectual Property Rights, Technology Policies and Innovation Management, Graduate School of Social Sciences, Ankara University, Turkey., India

Abstract


Patent is based on the concept of quid pro quo. It requires the applicant to draft the application in such a way so that it satisfies the doctrines of written description, enablement, and best mode. However, in case of AI-related invention, the situation is tricky. Most of the inventions carried out by AIhas black box scenario—where the inventor also may not be aware of the fact how the invention was exactly carried out by the AI system. The current study delves into the situation regarding how patent offices in Europe and India are dealing with such scenarios. Focussing on the AI-assisted inventions, the study finds out that in Europe, there is a clear guideline about AI-related inventions. The guidelines are tighter than those of the US. On the other hand, India relies on guidelines on computer related invention.

Keywords


Artificial Intelligence, AI Invention, Patent, Disclosure, PHOSITA, Europe, India.

References