Rob Vernout, March 04 2024

Artificial intelligence (AI) has had a significant impact on various sectors in recent years, and the world of patents is no exception. Let’s examine two key consequences of AI’s rise for our field.

1. Patentability of AI-Generated Inventions

The emergence of AI raises numerous questions about the patentability of inventions that are (partially) generated by AI. Traditionally, patents are granted to human inventors, but what happens if an AI system develops a new and innovative technology? Who is entitled to the patent? At first glance, this is a complex issue involving legal, ethical, and practical considerations.

Several legal rulings have already been made regarding AI-generated inventions. It has now become clear that only humans can be considered inventors. As a result, in some fields, the criteria for assessing inventiveness may become stricter (for example: if AI could have come up with it, the invention is not considered inventive).

DOGIO’s patent attorneys continue to stay informed about these developments and actively study relevant case law and regulations in this area.

2. AI’s Role in Patent Practice

For patent firms, just like many other professions, AI also presents practical opportunities. How can patent firms leverage AI to improve their daily operations?

Some key areas where AI could provide value include:

• Prior art research: AI can assist in efficiently searching patent documents and scientific literature to identify relevant prior art.
• Task automation: AI can support routine aspects of many tasks, such as drafting patent applications or processing incoming correspondence from official authorities. This allows employees to focus on the more complex elements of their work.
• Customer service and communication: AI can enhance communication between patent attorneys and clients. Tools like ChatGPT, for example, are well-suited for summarizing complex documents, such as patent publications, into more understandable language.

At DOGIO, we are actively taking concrete steps in these three areas.

In summary, AI presents both challenges and opportunities for our industry. We continue to evolve and adapt to this new technological reality to provide the best possible service to our clients.