In 2022, in the case of Thaler v. Vidal, the Federal Circuit affirmed that only natural persons (i.e., human beings) can be named inventors on U.S. patents, thereby excluding artificial intelligence from being listed as an inventor. But while the court’s decision blocked a potentially radical extension of patent rights, it has done nothing to calm growing worries that AI is threatening to upend other aspects of IP law. Use of AI tools such as generative AI (ChatGPT) for new inventions do not pose a challenge for now. However, are the IP laws equipped to handle the possibility when AI systems design own inventions? How will the human inventors compete with AI generated inventions? Will it be fair to human inventors? As the capabilities of AI advances, the question arises: Should patents for inventions by AI have a shorter lifespan than those created by humans? We discuss some compelling reasons for favouring a shorter patent life for AI-created inventions.

1. Shorter Patent
Lifespan?
FOR INVENTIONS BY ARTIFICIAL INTELLIGENCE

2. SHORTER PATENT LIFE FOR INVENTIONS BY AI?
In 2022, in the case of Thaler v. Vidal, the Federal Circuit
affirmed that only natural persons (i.e., human beings)
can be named inventors on U.S. patents, thereby
excluding artificial intelligence from being listed as an
inventor. But while the court’s decision blocked a
potentially radical extension of patent rights, it has
done nothing to calm growing worries that AI is
threatening to upend other aspects of IP law. Use of AI
tools such as generative AI (ChatGPT) for new
inventions do not pose a challenge for now. However,
are the IP laws equipped to handle the possibility when
AI systems design own inventions? How will the human
inventors compete with AI generated inventions? Will it
be fair to human inventors? As the capabilities of AI
advances, the question arises: Should patents for
inventions by AI have a shorter lifespan than those
created by humans? We discuss some compelling
reasons for favouring a shorter patent life for AI-created
inventions.

3. Accelerating
Technological Progress
AI has the potential to revolutionize
numerous industries, from healthcare and
transportation to finance and
manufacturing. Given its ability to analyze
vast amounts of data and generate
innovative solutions, AI can rapidly
advance scientific and technological
fields. By reducing the patent life for AI
inventions, we can foster a more dynamic
and accelerated pace of innovation,
enabling society to benefit sooner from
these advancements.
SHORTER PATENT LIFE FOR INVENTIONS BY AI?

4. Addressing Rapid
Obsolescence
AI technology evolves at an
unprecedented rate, rendering many
inventions obsolete within a short span of
time. Traditional patent terms, often
lasting 20 years, might not be appropriate
for AI-created inventions, as they risk
hindering progress by locking down
technology that has already become
outdated. A shorter patent life for AI
inventions can help address the
challenges posed by rapid obsolescence,
encouraging inventors to continually
improve their creations and promote
competition within the AI industry.
SHORTER PATENT LIFE FOR INVENTIONS BY AI?

5. Encouraging Collaboration
and Shared Knowledge
AI systems often rely on large datasets
and training algorithms that draw from a
wide range of sources. Shorter patent
terms can facilitate increased
collaboration and knowledge sharing
among AI developers and researchers. By
encouraging the timely disclosure of AI
inventions, innovators can pool their
resources, build upon each other's work,
and foster a culture of open innovation.
This approach can lead to accelerated
advancements in AI technology and the
development of more robust and
beneficial applications.
SHORTER PATENT LIFE FOR INVENTIONS BY AI?

6. Safeguarding Against
Monopolistic Control
Patent protection granted for an
extended period can grant undue control
and monopolistic power to entities that
harness AI. Such dominance could stifle
competition and limit access to essential
technologies, thereby hindering
innovation and impeding societal
progress. By adopting shorter patent
terms for AI inventions, we can strike a
balance between providing inventors with
fair incentives while ensuring that
technology remains accessible to a wider
range of innovators, startups, and
researchers.
SHORTER PATENT LIFE FOR INVENTIONS BY AI?

7. Ethical Considerations
and Accountability
AI is increasingly involved in decision-
making processes that impact various
aspects of our lives, such as healthcare,
finance, and law. Shorter patent terms for
AI inventions can help address ethical
concerns and ensure greater
accountability. Rapid advancements in AI
technology necessitate ongoing scrutiny,
evaluation, and regulation to mitigate
potential biases, ensure fairness, and
safeguard against unintended
consequences. A shorter patent life allows
for earlier public scrutiny and fosters a
more responsive regulatory framework.
SHORTER PATENT LIFE FOR INVENTIONS BY AI?

8. SHORTER PATENT LIFE FOR INVENTIONS BY AI?
As artificial intelligence continues to
reshape our world, it is essential to adapt
our patent system to meet the unique
challenges and opportunities it presents.
By implementing shorter patent terms for
AI inventions, we can accelerate
technological progress, address rapid
obsolescence, encourage collaboration,
prevent monopolistic control, and uphold
ethical considerations. Striking the right
balance between incentivizing innovation
and fostering a dynamic AI landscape will
propel us toward a future where AI
benefits society to its fullest potential.

9. CELEBRATING SUCCESS IN YOUR WINS
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