AI-Generated Inventions: Implications for the Patent System

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Date & Time: 17th October 2022 at 16h00 - 17h00 GMT

What the Panel Discussion is About

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)

About the Speaker

Professor Adam Jaffe

  • Professor Adam B. Jaffe is the Fred C Hecht Professor in Economics Emeritus at Brandeis University and a Senior Research Fellow at Motu Economic and Policy Research in Wellington New Zealand. His research focuses on the economics of research and innovation, particularly the relationship between public research and commercial innovation, the measurement of the impacts of research, and the role of the patent system. Professor Jaffe is the author of over 100 scholarly articles and two books: Patents, Citations and Innovations: A Window on the Knowledge Economy (with Manuel Trajtenberg, 2002); and Innovation and Its Discontents: How Our Broken Patent System is Endangering Innovation and Progress and What to Do About It (with Josh Lerner, 2004). He is also the editor (with Ben Jones, 2015) of The Changing Frontier: Rethinking Science and Innovation Policy.

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