Quarterhill Inc T.QTRH

WILAN's patent defensibility? AI answered

[checkup]

That’s an interesting question. The answer may depend on the jurisdiction and the type of invention. According to a recent article1, in the US, the term “inventor” under the Patent Act must be a human being, precluding patent protection for inventions where the sole inventor is an AI system. However, there are options to revise the Patent Act to allow AI systems to be named as inventors or co-inventors1. In the UK, AI-made creations can be patent-protected, but a human still qualifies as the inventor1. In Canada, inventions that are new, useful and non-obvious can be afforded patent protection, but it is unclear whether AI can be an inventor2.

Some of the challenges that AI poses to patent law are: how to define the inventive step or non-obviousness requirement when AI can generate many possible solutions; how to allocate ownership and liability for AI-generated inventions; how to balance innovation and public interest when AI may create socially beneficial or harmful inventions345.

[cabbieJBJ]

Checkup, are any of the Wilan litigations dealing with AI-created IP?  I'm unaware of any.

[checkup]

I do not know whether WILAN has any AI specific litigations.  AI will assist with litigations no doubt.  Fascinating technology.  Brave new world developing.

[cabbieJBJ]

Checkup, I believe that I can say, with 100% confidence, that none of Wilan's litigation campaigns involve artificial intelligence IP per se, but the the actions v. Microsoft and Google actions which assert the Stanford Research Institute's "Siri" patents Wilan acquired in 2016, are directionally close and may even read on programs like Microsoft's ChatGTP and Google's