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29 October 2021PatentsAlex Baldwin

UK Gov opens consultation on AI and IP

The UK  Intellectual Property Office (IPO) has launched a consultation on how the copyright and patent system should deal with Artificial Intelligence (AI).

The consultation is seeking evidence and views regarding the extent that patents and copyright should protect inventions and creations by AI, as well as what measures will make it easier to copyright-protected material in AI development.

UK IPO CEO Tim Moss said: “The UK is considered one of the best IP environments in the world. To help keep it that way we are looking ahead to embrace the challenges that AI brings, and the opportunities to unleash innovation’s potential. An accessible, efficient and balanced IP system is a powerful tool in helping innovation and creativity to flourish.

“The technology that human innovation has created has evolved. That technology can now act in the innovation process, and it is already clear that the role of AI will become increasingly prominent across different industries and wider society.

“Your views will inform the discussions that will help shape our future, and through this consultation, it is vital that we hear them”.

The consultation will last for 10 weeks, beginning today, 29 October and ending on 7 January 2022.

Seeking evidence

The government previously sought views on the interaction of AI and IP, as well as the impact of AI on the current IP framework, in a  consultation in March this year.

From the data gathered in this prior consultation, the UK government said that questions were raised concerning the balance in the copyright system between the protection of human works, and AI works.

“We are now seeking evidence and views on a range of options for possible changes to patent and copyright law which may address these issues,” the UK IPO claims.

UK Science Minister George Freeman said: “As one of the most digitally advanced economies, we want to create the best environment for AI companies and innovators by ensuring our copyright and patent system is a catalyst for them to thrive, making the UK the natural home for ground-breaking research and development.

“Our intellectual property regime is one of the most highly-regarded in the world. This consultation – led by the Intellectual Property Office – will help ensure we keep pace with global change, matching our shared ambitions to make the UK an innovation nation.”

This announcement follows the English Court of Appeal’s  recent rejection of physicist Stephen Thaler’s bid to list his AI machine DABUS as an inventor.

While the majority ruled to reject, the vote was a 2:1 split, with Justice Birss penning a  lengthy dissent, arguing that the case was disputing the correct filing of patent applications, rather than AI inventorship itself.

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21 September 2021   The English Court of Appeal has rejected physicist Stephen Thaler’s latest bid to list his artificial intelligence machine as an inventor in a 2:1 decision.