Professor Adam Jaffe will join us to discuss issues raised for patent processes and policy created by inventions generated by artificial intelligence (AI). Using insights from economic research on intellectual property rights, he argues in favor of allowing patent protection for AI-generated inventions. Professor Jaffe also suggests that the emergence of AI inventions will create or exacerbate issues around the standards for validity, the ability of patent offices to keep up with the examination burden, and the growing market power associated with large patent portfolios. He suggestsconsideration of a new mechanism whereby applicants could submit an ‘invention machine’ for certification based on a demonstration that it reliably produces only inventions that meet the patentability standard. Patent applications produced by a certified machine would be automatically granted, though perhaps carrying limitations such as a shorter term or a ‘FRAND’ obligation. Professor Jaffe will also consider other changes to patent practice that might be desirable in dealing with AI-generated inventions.

The talk is based on Jaffe’s joint work with Prof. Gaétan de Rassenfosse (EPFL, Lausanne) and Prof. Melissa Wasserman (U. of Texas Law School, Austin)