Last week, Engine and the Electronic Frontier Foundation submitted comments to the U.S. Patent and Trademark Office in response to the agency’s call for comments on patenting artificial intelligence inventions. The USPTO is collecting information to determine “whether further guidance is needed to promote the predictability and reliability of patenting [AI] inventions and to ensure that appropriate patent protection incentives are in place to encourage further innovation in and around this critical area.”
We note in our comments that, although AI technologies are already ubiquitous and becoming more prevalent across a variety of industries, “we are still in the early stages of an AI revolution.” But, to continue to promote progress and establish high-quality patents in the field, AI does not need to disrupt the patent system. “Patents have adapted to accommodate revolutionary technologies in the past, such as computer software and genetic engineering,” we say in our comments. “While our patent policies should account for the value of emerging AI technologies—and we commend the Patent Office for seeking public input—the U.S. patent system does not need substantial changes to accommodate AI.”
You can read our full comments here.