ARTIFICIAL INTELLIGENCE AND PATENT

Yash Srivastava
Asma Khan

Modern technology has made the information flow quick and effective. We all are able to achieve this through the internet and the technological devices functioning with it; the medium i.e. the internet has facilitated each of us by making communication cheap and fast. Through all means as we humans do we have created something that has made our work easier that is technology, guided by technology.  If we fast forward the years as a result we have touched upon Artificial Intelligence and to protect it we have Patents and its fundamentals

WHAT IS ARTIFICIAL INTELLIGENCE?

Artificial Intelligence (AI) was first coined in 1956 by McCarthy as a branch of Computer Science which helped in building machines with the greatest chance of achieving goals in the best way possible and also had the capacity to perform tasks which technically required greater sense of human intelligence. Now, the fundamentals of AI are associated with the human mind like understanding of languages, solving problems and learning. In simple words we can say that AI is nothing but a human brain in the form of a machine which performs tasks in a rational way without being explicitly instructed by them.

HISTORY OF ARTIFICIAL INTELLIGENCE

One of the earliest and best known A.I. programs was the ‘logic theorist’ written in the year 1956. It was designed for program solving skills of a human being. For the first time, there was a clear demonstration of machine that could perform tasks, which till that point, were considered to require creativity and intelligence.

The concept was widely discussed and debated for decades.   John McCarthy who is known as the founder of Artificial Intelligence introduced the term “Artificial Intelligence” (A.I.) in the year 1955. McCarthy along with other eminent team members is known as the founding fathers of A.I. In the year 1974 the wave of computers flourished and it gave A.I. a big space to be acknowledged by a large population. The year 1980 was known as the year of Artificial Intelligence. It was fired with an expansion of funds and algorithmic tools with deep learning techniques. The computer learned with the user experience. With the era landing to the21st century, after all the failed attempts the technology was successfully established until it wasn’t the 2000’s.The landmark goals were achieved. Though there were no government funds, public attention still AI made its way to thrive in that period of time and made it possible to bring about a change[1]

Some common aspects of AI are:

Machine learning – Is a concept of data analysis which automates analytical model, through algorithms builds itself up and comes into picture to find insights that are hidden without being programmed as where to look.

Boolean search – it is the kind of search which allows users to unite the keywords with operators like AND, NOT and OR to give more relevant results.

Natural language Processing (NLP) – it is an algorithm which helps computers to yield results and understand the human language.

WHAT IS PATENT 

It is the right acquired by the inventor from the federal government which permits the inventor to debar others from making, using or selling the invention for a particular period of time. The patent is functional to endorse the uniqueness of the work which is useful for the society shown by the inventor. It is also a sort of protection which is provided to the inventor for the safety of its invention.

Types of patent 

Patents are basically of three type’s namely utility patents, design patents and plant patents. Utility patents are accorded to new machines, chemicals and processes; design patents are accorded to safeguard and protect the unique appearance or design of manufactured products. And plant patents are accorded for the invention and asexual reproduction of new and distinct plant varieties

Different types of Tests to acquire patent

Design patent – Invention has to be non-plagiarized and it should be new, original and of ornamental design. It should not be an ordinary or a common invention.

Utility patent-

  • Statutory class test- the invention should be classified as a machine, manufacture, etc.
  • utility test- the invention should be efficient and useful and must be operable 
  • Novelty test- the invention must be unique and should not be known to the public       
  • Non obviousness test- the invention must not be ordinary and obvious; it should be new in itself.[2]
Application of patent 

The patent is not accorded automatically and it is totally different from a copyright. To acquire patent rights the inventor has to apply for it within a year of publicly disclosing the invention. Moreover the application for patency and the fee for the same has to be paid to the US Patent and Trademark Office which finally is analyzed on the above-mentioned parameters by the examiner qualified for it and if the examiner finds it appropriate  then the patent will be accorded to the invention done by the inventor.

Tenure of a patent

Patent has a term of 14 to 20 years and only the person who has invented the product may apply for the patency or if there are two or more people who have invented the product then each of them have to apply for the patent rights and collectively they are known as joint inventors.

Patent encroachment 

If someone has used the inventor’s invention without his/her permission the inventor can file a suit against the encroacher and if the court agrees to it they have to award the patent holder the cost involved, attorney fees, damages in an amount equal to a balanced royalty and an injunction but the cases of encroachment are often settled. Landmark case of the year 2009 which was Bajaj auto limited Vs. TVS Motor company Limited JT2009 (12) SC 103:-

In this case, the plaintiff had alleged that the defendant (TVS motor company Ltd.) encroached upon the former’s patency rights that are reserved for the plaintiff when he invents a new product. The plaintiff sought the remedy of permanent encroachment for obturating the defendant from using his invention as mentioned in the patency rights of the plaintiffs and from obturating them from marketing, selling and exporting two or three wheelers that consisted of the disputed internal combustion engine or product that encroached the patent and the damages made by it were also claimed by the plaintiff. [3]

Conclusion

The law’s governed by Patent and Artificial Intelligence together forms an amazing combination to bring about changes in inventions in every field with proper protection of rights guaranteed to the inventor to suffer no harm. They can deeply impact our economy, both in positive as well as negative way. To always bring about a positive and radical change it is important to discuss some important issues related to Patent and Artificial Intelligence. First of which is whether the Patent subject matter is influential in a negative way or in a positive way, second of which is that whether the matter entirely created by AI should be given equal rights as allotted by Patents, and last but not the least third of which is whether there are laws to guide that if alone AI has infringed the patency rights what actions should be taken. When all these will be taken into consideration, only then we can truly depend that now technology can pave its way in a right way without harming or infringing anyone’s rights[4].


[1]https://www.mygreatlearning.com/blog/what-is-artificial-intelligence/

[2]file:///C:/Users/LENOVO/AppData/Local/WhatsApp/app-0.4.2088/resources/app.asar/index.html#

[3]https://talwaradvocates.com/landmark-judgements-patent-law/

[4]file:///C:/Users/LENOVO/AppData/Local/WhatsApp/app-0.4.2088/resources/app.asar/index.html#

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