Artificial

Intelligence and
Intellectual
Property
Presented By:
Kavitha Gupta, Senior Corporate Counsel-
India & South Asia

Copyright 2019 Kavitha Gupta

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AI is the new electricity. I can
hardly imagine an industry
which is not going to be
transformed by AI.
Andrew Ng

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Developments in AI

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 Copyright
Patents
s
IP rights
applicable to
AI-Robotics Industrial
Trademar
k and
Design passing
off

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 Patents protect inventions, as long as
those inventions:

(i) are novel;

Patents (ii) involve an inventive step;

(iii) are capable of industrial application;

and

(iv) do not fall within certain excluded

subject matter

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 The excluded categories for patent grant
are the following:
• programs for computers, where the
patent relates to a program as such;
• inventions, the commercial exploitation
Patents (cont.) of which would be contrary to public
policy or morality; and
• inventions for a method of treatment
of the human or animal body by
surgery or therapy, or a method of
diagnosis practiced on the human or
animal body.

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Four areas of Patent focus

Patent-eligible subject matter

Patentability and inventorship
for AI, including the legal
issues for AI-generated
framework for patentability of
inventions.
“software patents.”

Liability issues for patent Non-obviousness standard for

infringement by AI. AI.

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 Notable AI Invention
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 AI patent families and
scientific publications

AI patent families grew by an average of 28

percent and scientific publications by 5.6
percent annually between 2012 and 2017

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Facts: Patent updates
• The AI techniques on which the patent focuses are machine learning,
deep learning, logic programming (expert systems) and fuzzy logic. DL
@175% of annual growth
• The most AI functional applications are computer vision, natural
language processing and speech processing and robotics and control
methods (both 55 percent)
• The AI application fields most commonly mentioned in patent include
telecommunications, transportation, and life and medical sciences.
aerospace/avionics (67 percent) and smart cities (47 percent) were
the fastest growing application fields.

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 Categories of AI
Technologies

Patent families related to

AI techniques, functional
applications, application
fields and their overlaps

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Patent families for top AI techniques
Machine learning grew by an average of 26 percent annually between 2011 and 2016

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Patent families for AI
technique categories
and sub-categories
Machine learning is the dominant AI
technique, representing 89 percent of
patent families related to an AI
technique
Eg: Reliable cat image recognition in
2012 by Google Brain’s team headed
by Andrew Ng and Alphabet’s Google
DeepMind AlphaGo beating a human
in the complex board game Go in
2016.

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Patent families for top functional
applications
Computer vision grew by an average of 23 percent annually between 2011 and 2016

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 AI
Applications
• Distributed AI: Smart
Grid
• Digital machine:
SkinVision
• Machine Translation:
Google
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 AI Invented
Perfumes

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 Patent families for top
application field
categories

Patent families related to AI application fields

emerged in the 1990s, with transportation and
telecommunications overtaking all other fields

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Overall number of patent The greatest number of patent applications are filed in the patent
applications by patent offices of U.S. and China, followed by Japan, while WIPO and the EPO
office are also often used

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Number of
Patent in
litigation by
jurisdiction

More than 70
percent of litigated
patent families
originate from the
U.S.

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Top patent applicants by number of patent families

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Top
Companies
filing Patent
Litigation
Nuance Communications,
American Vehicular
Sciences and Automotive
Technologies International
account for 4 percent of
litigated patent families

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 Top
Companies
defending
Patent
Litigation

Microsoft, Apple and

Alphabet account for 12
percent of litigated patent
since 1960
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Patent
Opposition
Half of opposed patent
families have been filed at
the Korean patent office
(KIPO)

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 Top
Opponents

Siemens filed
oppositions for more
than double the
number of patent of
other top opponents

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Top Defending
Parties

the main
defendants in
oppositions are
Samsung, LG
Corporation and
Hyundai

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AI Innovation: Seizure-detection algorithm

First smart watch running

AI to detect potentially life-
threatening convulsive
seizures. It was approved
by the FDA (U.S. Food and
Drug Administration) in
January 2018 in helping
save lives

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 The Digital Twin Digitalization and AI to help
Mirror Reality Physicians

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Myths and Facts about AI

https://youtu.be/3Om9ssTm194
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Thank you!
References:
WIPO Technology Trends, 2019 Report

For any queries, please contact me at kgritzy@gmail.com

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