Request for Comments on Patenting AI Inventions
United States Patent and Trademark Office, Department of Commerce.
Request for comments.
The United States Patent and Trademark Office (USPTO) is interested in gathering information on patent-related issues regarding Artificial Intelligence inventions for purposes of evaluating whether further examination guidance is needed to promote the reliability and predictability of patenting Artificial Intelligence inventions. To assist in gathering this information, the USPTO is publishing questions on Artificial Intelligence inventions to obtain written comments from the public. The questions are designed to cover a variety of topics from patent examination policy to whether new forms of intellectual property protection are needed.
Written comments must be received on or before October 11, 2019.
Written comments should be sent by email to AIPartnership@uspto.gov. Comments may also be submitted by postal mail addressed to the Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria VA 22313-1450. Although comments may be submitted by postal mail, the USPTO prefers to receive comments via email.
Because written comments and testimony will be made available for public inspection, information that a respondent does not desire to be made public, such as a phone number, should not be included in the testimony or written comments.
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Office of the Under Secretary and Director of the USPTO, (571) 272-8600.
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Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of technologies and businesses. Because execution of AI invariably requires some form of computer implementation, many of the patentability issues relating to computer-implemented inventions (e.g., software) are germane to discussions of AI inventions.
AI methods and systems vary in their technical implementation, but rely on a substantial level of development and training by inventors, developers, and system users.
The USPTO has been examining AI inventions for decades and has issued guidance in many areas that necessarily relate to AI inventions. Going forward, the USPTO would like to engage with the innovation community and experts in AI to determine whether further guidance is needed to promote the predictability and reliability of patenting such inventions and to ensure that appropriate patent protection incentives are in place to encourage further innovation in and around this critical area.
Issues for Comment: The USPTO seeks comments on patenting Artificial Intelligence inventions. The questions enumerated below are a preliminary guide to aid the USPTO in collecting relevant information to evaluate whether further guidance is needed and assist in the development of any such guidance with respect to patenting Artificial Intelligence inventions. The questions should not be taken as an indication that the USPTO has taken a position or is predisposed to any particular views. USPTO welcomes comments from the public on any issues that they believe are relevant to this topic, and is particularly interested in answers to the following questions:
1. Inventions that utilize AI, as well as inventions that are developed by AI, have commonly been referred to as “AI inventions.” What are elements of an AI invention? For example: The problem to be addressed