Artificial Intelligence and The UK Patent System

Artificial Intelligence and The UK Patent System Speaker: Mr. Prior Date: 4 December 2024 Current Political Context - Feryal Clark MP - Parliamentary Under-Secretary of State for Al and Digital Government - Has responsibility for Al and IP policy - IPO's policy function provides advice on IP to ministers - UK Industrial Strategy White Paper - identifies "rapid development of artificial intelligence" as a key opportunity, and a trend that will shape the UK's economic future. Recent Timeline - DABUS UK patent applications published (August 2019) - UK IPO deems withdrawn - UKIPO launches a Call for Views on Al and IP (September 2020) • - UKIPO consultation on Al and IP: copyright and patents published (October 2021) • - Government Response published (March 2021) Government Response published (June 2022) Supreme Court ruled grant of UK patent requires natural person inventor to be named (December 2023) Previous Government Commitments - Government response to Al Call for Views (March 2021): • Consult on legislative change for protecting Al generated inventions; • Publish enhanced guidelines on patent exclusion practice; • Economic study on the role IP framework plays in incentivizing investment in Al; • Explore feasibility of a data deposit system for Al systems disclosed in patent applications. - Government response to Consultation on Al and IP (June 2022): • No change to UK patent legislation - for now; • Advance Al inventorship harmonization discussions in international fora; • Understand what would reinforce UK competitive advantage; • Actively monitor technological developments. International Developments - WIPO Conversations on IP and Frontier Technologies (2019-Present) - ChatGPT-4 released (March 2023) - USPTO issues guidance on joint inventorship (March 2024) - DE Federal Court of Justice rules on DABUS (June 2024) Questions For The Future - Inventorship & the changing nature of R&D - Inventive Step - Prior art & Prior art flooding - Patentability