The UK recently published the results of its calls for views on the implications of artificial intelligence (AI) on IP.
Indeed, among the list of priorities, the issue of protection for inventions and original works as well as ownership were key topics. Although it was stated that AI itself should not own IP rights, there was a difference on whether works developed by AI should be protected or not.
The UK government then declared that it would consider a policy change for protecting AI-generated inventions, as well as whether to limit copyright to human creations, later in the year.
The issue of training data was tackled next. The question of access to copyright-protected material in training AI systems was raised, including the review of text ad data mining exceptions. But it was revealed that the UK government would not be implementing this directive due to Brexit.
Yet, the government declared it would still consider whether a deposit system for training data disclosed within patent applications might be beneficial.
The discussion then went to patent exclusion. It was showed that the exclusions make it difficult to protect developments in AI systems themselves while the EPO approach gave a better outcome. As a result, it was decided that the IPO would publish enhanced guidelines on patent exclusions as well as to conduct a review of any differences in outcome for AI patent applications as between the EPO and IPO.
All in all, the participants agreed that the law in relation to trademarks, trade secrets, and designs is somewhat adequate and flexible regarding the existing challenges of AI.