Artificial Intelligence Is Breaking Patent Law.

A machine-learning algorithm assisted researchers in developing a powerful antibiotic that works against a wide range of pathogens in 2020. AI is also being used to help with vaccine development, drug design, material discovery, space technology, and ship design. AI could be used in a variety of inventions within the next few years. This is posing one of the most serious threats to patent systems in history.

Patent law is predicated on the assumption that inventors are human; it currently struggles to deal with a machine inventor. Courts around the world are currently grappling with this issue, as patent applications naming an AI system as the inventor have been filed in over 100 countries.

If courts and governments rule that AI-created inventions cannot be patented, the consequences could be massive. When the return on investment is limited, funders and businesses are less likely to pursue useful research using AI inventors. Society may miss out on the development of valuable and potentially life-saving inventions.

Rather than forcing old patent laws to adapt to new technology, we propose that national governments create bespoke intellectual property law — AI-IP — to protect AI-generated inventions. Nations should also draught an international treaty to ensure that these laws adhere to standardized principles and that any disputes are quickly resolved. Both steps must be informed by researchers.