Discussion on mutual impact of intellectual property and artificial intelligence was held

On July 7 – 9, 2020, the 2nd session of the World Intellectual Property Organisation (WIPO) Discussion on Intellectual Property (IP) and Artificial Intelligence (AI) was organised. The representatives of the Eurasian Patent Office (EAPO) also attended the meetings held in a video conference format.
The Revised Issues Paper on IP and AI policy published in May 2020 formed the basis of the 2nd session discussion.

The Revised Issues Paper was prepared based on the discussion of the list of issues included in it as part of the 1st session in September 2019 and subsequent public consultations. The latter took place at the beginning of 2020 and received 265 submissions with comments from both state and commercial organisations from WIPO member states, intergovernmental organisations, and individuals, thus demonstrating the relevance of the topics discussed.

The issues included in the Revised Issues Paper reflect the impact of AI technologies on modern IP systems, including the activities of the IP offices using AI-based software products to make administrative decisions while considering applications for inventions and other IP objects.

The 2nd session was attended by more than two thousand representatives from 130 countries. Taking into account the basic principles of the traditional patent system, all the participants exchanged views on determining copyright and ownership of inventions created using AI or AI-based tools, discussed the patentability of such objects and feasibility of applying a deposit system to them in order to fulfil the disclosure requirement.

When discussing the need to modernise IP legislation to reflect legal relations based on AI technologies, the majority of the participants highlighted the sufficiency of existing legal mechanisms and prematurity of such changes.

At the same time, suggestions were made to address specific features associated with consideration of AI-based inventions in the local regulatory documents of IP offices. Representatives of certain IP offices spoke on that citing the guides on examination of invention applications with numerous examples of such a procedure.

The conclusions made by the participants prove the EAPO position on the continuing demand for the current “classic” patent system, which was repeatedly stated by the management and representatives of EAPO at large platforms dedicated to the discussion of IP issues in the context of modern technological development.

In recent years EAPO gained immense experience in considering applications on AI-based inventions, the number of which is constantly growing. EAPO implements apps using AI technologies. Involvement of EAPO representatives in discussions on integration of AI in the IP sphere helps to coordinate and, if necessary, adjust EAPO activities in accordance with global trends.

Based on the EAPO materials.