Impact of Artificial Intelligence on Patent Law. Towards a New Analytical Framework – the Multi-Level Model – World Patent Information – article

Impact of Artificial Intelligence on Patent Law. Towards a New Analytical Framework – the Multi-Level Model

Garikai Chimuka | World Patent Information

2019-10-22

Inventions and new ideas are at the center of societal transformation. Inventions have been historically protected by a system of intellectual property law of which patents are at the heart. Whilst patent law is still deeply moored in its roots in the industrial revolution, to a greater extend it has been able to adapt to the successive revolutions like the computing albeit with some challenges. The world is now at an unprecedented threshold of the most far reaching revolution whose consequences to patent law in particular are so far reaching that its impact is still unknown. This is the AI revolution. This paper begins with an analysis of the AI revolution from available literature and research. It notes that there are divergent views among scholars about the impact of AI on various elements of patent law. It posits that this dissonance might be a result of most scholars treating AI as one homogenous block without distinguishing the various phases in the evolution of AI. It thus proposes a new sui generis conceptual framework – [ the Multi-Level Model] as a suitable basis for insightful conceptual analysis of AI impact on patent law with focus on two key questions; patentability and inventorship.

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