World Economic Forum2018 – All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, includingphotocopying and recording, or by any information storageand retrieval system. REF 160418 - case 00048540 The views expressed in this White Paper are those of the author(s) and do not necessarilyrepresent the views of the World Economic Forum or its Members and Partners. White Papers aresubmitted to the World Economic Forum as contributions to its insight areas and interactions, andthe Forum makes the fnal decision on the publication of the White Paper. White Papers describeresearch in progress by the author(s) and are published to elicit comments and further debate. 3Artifcial Intelligence Collides with Patent Law Contents 4 Introduction 5 Recent developments in artifcial intelligence (AI) 5 A. Overview of technological advances 6 B. Advances in AI’s “inventiveness” 7 C. Increased acceptance of AI 8 Patent law issues impacted by AI 8 A. The patent subject-matter eligibility standard for AI 8 1. Legal framework for the patentability of “AIpatents” 8 2. Discussion points on the present legalstandard 9 B. Patentability and inventorship issues for AI- generated inventions 9 1. Legal considerations for patentability andinventorship for AI 9 2. Discussion points on patentability 10 3. Discussion points on inventorship 10 C. Liability issues for patent infringement by AI 11 1. Legal framework for patent infringementliability 11 2. Discussion points on patent infringementliability 12 D. Nonobviousness standard for AI 12 1. Legal framework for nonobviousness 12 2. Discussion points on how to defne a “personof ordinary skill in the art” 12 E. Additional implications 14 Conclusion 15 Endnotes 4Artifcial Intelligence Collides with Patent Law Introduction Artifcial intelligence (AI) is one of the most importanttechnologies of this era.1 Once considered a remote possibilityreserved for science fction, AI has advanced enoughto approach a technological tipping point of generatinggroundbreaking effects on humanity and is “likely to leave nostratum of society untouched”.2 Progress in AI has showntremendous potential for beneftting mankind by improvingeffciency and savings in production, commerce, “transport,medical care, rescue, education and farming”,3 as well asfor signifcantly cultivating “the ability and level of socialgovernance”.4 But AI’s technological advances are alsoexpected to disrupt numerous legal frameworks, includingvarious aspects of US patent law.5 Once praised by Abraham Lincoln (US President,1861-1865)as one of the three great advances in world history,6 US patentlaw has achieved its main objective7 to enhance social welfareby encouraging innovation and the dissemination of usefultechnical information,8 as well as by incentivizing investment innew technologies that promote economic growth and advancesocial goals.9 Underpinning this are its fve main standards thatgovern patentability (subject-matter eligibility, utility, novelty,nonobviousness and enablement).10 Although US patent lawhas proven resilient to technological and social change,11 theanticipated disruptions from AI will challenge some of thesecore legal standards that serve as safeguards of patent law,and will be far more pervasive and signifcant than those ofprevious technological changes.12 Insuffcient preparationfor the upcoming collisions with AI could thus result in anoutdated patent system that no longer fulfls its main objectives,with harmful social, economic and ethical implications;13 forexample, an ineffective patent system will invariably resultin certain negative effects on technology, which can createunintended challenges to solving important social issues, suchas inequality.14 While the European Parliament and the Chinese StateCouncil have issued a resolution and reports, respectively,that discuss the interplay between AI and their intellectualproperty systems,15,16 no such document has been issued bythe United States.17 Moreover, the risks borne by AI requirefurther timely dialogue on critical implicated patent law issuesamong patent law’s relevant actors (e.g. legislators, judges,academics, practitioners) and stakeholders (e.g. scientists,entrepreneurs, investors, technologists), as well as with non- patent professionals from diverse backgrounds that are familiarwith innovation and ethics (e.g. from management, fnance,economics, non-proft organizations, non-patent legal felds).18This will help US patent law to adapt to AI in socially inclusiveand ethically responsible ways. To promote meaningfuldialogue, this White Paper provides an overview of AI’s recenttechnological advances, particularly on its ability to “invent”, andexplores four main patent law issues that will be impacted byAI: (1) the patent subject-matter eligibility of AI technologies; (2)the patentability and inventorship of AI-generated inventions;(3) liability for patent infringement by AI; and (4) AI’s role inthe defnition of “a person of ordinary skill in the art” in thenonobviousness standard. 。。。。。。