Protecting artificial intelligence based software inventions. Hasit Seth had delivered this lecture for TechEx initiative of the Venture Centre in Pune, India.
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2024-01-09 - Protecting AI Based Software Inventions - Venture Centre / TechEx.pptx
1. Protecting AI Based
Software Inventions
HASIT B. SETH
Techex.in @Venture Centre, Pune
Only Series
09 January 2024
(c) Hasit Seth, 2021
2. Introduction
♔Name: HASIT B. SETH
♔I am a disputes lawyer in India. My practice focuses on
commercial dispute resolution covering IP, construction,
contracts in litigation and arbitrations
♔I am licensed to practice law in New York and India
♔You are welcome to connect at
https://www.linkedin.com/in/hbs and keep in touch
(c) Hasit Seth, 2021
5. Nature of Software In Inventions
♔ The patent system was created around machines or
chemicals
♕ Mechanical
♕ Electrical
♕ Electronic
♕ Chemicals
♔ Machine = a system of cooperative parts
♔ Most machines involves transformation of energy or form
as “work”
♔ Software involves no transformation of energy or form
♔Yet, it gets job done!
(c) Hasit Seth, 2021
6. Blind Men and the Elephant
♔ Copyright as protector of software inventions
♔ Different infringement standards of copyright vs. patents
♔ Inventive ideas lost in merely protecting expression of
idea under the copyright
♔ “Computer Programme Product” – Beauregard Claim
♔ “Technical Effect” – EU Patent Office
♔ USPTO – 101, 102 and 103 trinity was enough.
♔ Finding equivalents of software structures in physical
world is a hopeless and meaningless task.
(c) Hasit Seth, 2021
7. The Silent Compromise
♔ Allow patenting of software inventions
♔ Maintain some required standard of “technical”-ness of
the invention
♔ Pretend that its not merely algorithms!
(c) Hasit Seth, 2021
13. Challenges
♔ It’s not just code, it’s data + code for AI inventions
♔ How does patent law protect data and relationships?
♔ Copyright law and neural networks?
♔ Patent law’s allergy to “printed matter” inventions, e.g.
fonts
(c) Hasit Seth, 2021
18. Patent Offices & Courts
♔UK “Dabus” case – UK SC rejected AI as an inventor
♕ https://www.reuters.com/technology/ai-cannot-be-patent-
inventor-uk-supreme-court-rules-landmark-case-2023-12-20/
♔ A survey of Dabus around the world:
♕ https://www.epo.org/en/news-events/in-focus/ict/artificial-
intelligence.
(c) Hasit Seth, 2021