This article focuses on the challenges that Artificial Intelligence creates for patent law. The machine learning system plays significant and sometimes dominant roles in every technological field and in the invention process. In general, the concept of "machine learning" refers to computer algorithms that can learn or improve performance over time in certain activities. Machine learning algorithms are designed to detect patterns in data and then apply these patterns to new data to automate particular tasks. Therefore, artificial intelligence develops the potential of already known computer-implemented inventions and also allows it to be a very effective and powerful means or method for the development of inventions. Indeed, some tasks that are normally thought to require human intelligence can sometimes be automated using non-intelligent computing techniques capable of producing useful and "intelligent" results. After a brief illustrative introduction on artificial intelligence techniques, this article examines the problems between the AI paradigm and the traditional patent law system, explores some challenges and practical problems (inventorship, novelty, inventive steps, sufficient description, drafting of claims) resulting from this intersection and concludes with some general remarks on innovation protection techniques in the information technology sector and on the importance of data collection

IA e diritto dei brevetti

Giuseppe Sanseverino
2020-01-01

Abstract

This article focuses on the challenges that Artificial Intelligence creates for patent law. The machine learning system plays significant and sometimes dominant roles in every technological field and in the invention process. In general, the concept of "machine learning" refers to computer algorithms that can learn or improve performance over time in certain activities. Machine learning algorithms are designed to detect patterns in data and then apply these patterns to new data to automate particular tasks. Therefore, artificial intelligence develops the potential of already known computer-implemented inventions and also allows it to be a very effective and powerful means or method for the development of inventions. Indeed, some tasks that are normally thought to require human intelligence can sometimes be automated using non-intelligent computing techniques capable of producing useful and "intelligent" results. After a brief illustrative introduction on artificial intelligence techniques, this article examines the problems between the AI paradigm and the traditional patent law system, explores some challenges and practical problems (inventorship, novelty, inventive steps, sufficient description, drafting of claims) resulting from this intersection and concludes with some general remarks on innovation protection techniques in the information technology sector and on the importance of data collection
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11586/363705
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