Artificial Intelligence and Intellectual Property Law: From Diagnosis to Action

The use of "artificial intelligence" systems becomes ever more widespread and far-reaching. Technological and economic concepts for an AI-based future are about to be implemented. It is, hence, time for the intellectual property system to develop answers to the challenges brought about by AI. Against this background, Zurich University’s Center for Intellectual Property and Competition Law (CIPCO) has initiated a joint research project on AI/IP with the Swiss Intellectual Property Institute (IPI). A first stage of this project has evaluated the state of the legal and economic discourse. These insights form the basis for policy recommendations on how the intellectual property system ought to be adapted to AI-related developments. The present paper describes – as draft work in progress – the project setup and summarizes its results gained so far. In doing so, it addresses key AI/IP issues, including business models of AI innovation leaders, inventorship/creatorship of AI systems de lege lata and de lege ferenda, the DABUS litigation, the discussion on whether new types of IP rights are necessary to protect AI inventions, the allocation of entitlements and liability regarding such innovations, AI-related revisions in the guidelines of important patent and trademark offices, the use such offices make of AI tools, the need for new protection carve-outs (e.g. to foster text and data mining), as well as AI’s potential raising the bar-effect