Determining the Likelihood that an AI Patent Application Will Be Allowed at the USPTO

As computing power and large datasets become more available, the use of artificial intelligence (AI) in technology is exploding around the world. As an indicator of the impact of AI, private equity investment in AI start-ups attracted 12% of worldwide private equity investments in the first half of 2018, reflecting a four-fold increase from just 3% in 2011, across all major economies. In the United States, the U.S. Patent and Trademark Office (USPTO) has taken steps to adapt to AI inventions, asking in August of 2019 for public comment on questions ranging from AI inventorship to how to best consider AI elements of inventions. The World Intellectual Property Organization (WIPO) has also asked similar questions, as part of its conversation on intellectual property (IP) and AI, which published its first Draft Issues Paper on IP policy and AI in December of 2019 and is continuing to hold meetings on the topic.

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