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Artificial Intelligence and Intellectual Property In India

Courtesy/By: JoannaLisa Mathias | 2021-02-02 16:35     Views : 254

Artificial intelligence is a machine that interprets signals through programmed data received input and responds as output in the desired manner and is capable of performing specific tasks in sync with machine learning without daily programming and information being fed. Humans do not need to interfere in the process as the machine performs their work and tasks. Machine learning is a broad variant of artificial intelligence in which both respond in sync with each other in the desired output. Machine learning is AI's backbone and is fed with enormous amounts of information that, when prompted, later performs the specific task. Experts have noticed the ever-increasing importance of artificial intelligence in the IP sector as the world is evolving and the need to rely on technology is growing. Many years ago, the need for quality data and the reality of how it could drastically establish and lay the foundations for the growing IP sector were not understood by professionals. The importance of quality data has now been recognized by industry professionals who eliminate errors, inaccuracies, inefficient data and cleanly process the data. Quality solutions to IP problems are the main underlying principle behind quality data, as a company requires high-quality data on which all the biggest decisions can be made. The integration of artificial intelligence has eliminated the traditional patent search practices that were previously adopted for patent acquisition. The shift is more towards AI solutions as it frees up professionals' time to focus more on analyzing the better formulation of efficient patent search strategies and insights. IP legislation ensures that it focuses on novel AI-related inventions over which patents can be obtained in different countries based on novelty, industrial protection capabilities, and is not overly obvious. When AI inventions posed a challenge to the IP industry in terms of patents, copyrights, and trademarks, various possible solutions came to the surface to tackle the problem at hand. It did not prove to be efficient as AI was unable to address enormous amounts of data and was not verifiable at the end of the authorized parties. AI's technical problems raise a lot of questions regarding ownership problems or contractual problems. In order to be in touch with technological inventions in this field, it is important for India to step up its game and recognize the importance of AI inventions and how current IP laws should be reformed. For every new innovation, India is a new hotspot for the current filing of patents. In order to make smart decisions and business strategies, industries need to deploy the new algorithmic data provided by AI. It was shown in a recent WIPO report that India is now one of the top 10 countries to file AI patent inventions, with more than 20,195 applications filed in 2016. In order for India to patent AI-backed technology, the guidelines set by Computer-Related Inventions (CRI) must be followed, excluding the general patenting of computer and computer program algorithms. The following must be observed in order to gain IP protection for AI software: 

  • Describing the component hardware while filing for a patent along with AI algorithms.
  • Claims in AI software that describe working methods.
  • Refrain from directly filing AI algorithms with programming codes.

 

It is evident that there is a huge gap with too many challenges caused by AI between ground reality and existing regulations. Today, with 8,290 patent applications in the world, IBM has the largest portfolio of AI-related patent applications, followed by Microsoft with 5,930 patent applications. With AI-related inventions increasing in popularity and the sheer volume of AI-related patent applications being filed, it will be up to the patent offices and regulators to revise existing patent and IP laws and create new moulds to fit the emerging technology.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.

Courtesy/By: JoannaLisa Mathias | 2021-02-02 16:35