IBIL panel debates whether patent law is fit for the AI age

On 4 December 2024, the UCL Institute of Brand and Innovation Law (IBIL) hosted a thought-provoking panel discussion.The event, titled: Patent Law: Fit for an (emotional) AI Age? Exploring CIIs, Training ANNs, and Other Stories, brought together leading experts from academia, industry, and government to explore pressing questions about how well patent systems in general, and the UK system in particular, are adapting to the challenges posed by AI technologies. 

IBIL's Director, Professor Sir Robin Jacob, opened the event with introductory remarks that framed the discussion. Reflecting on the market realities of patents and AI, Sir Robin questioned the adequacy of the traditional 'patent bargain' in addressing AI-driven innovation. He shared his scepticism about whether current judicial approaches sufficiently account for the unique characteristics of AI technologies and their implications for inventorship and innovation. 

The panel was chaired by Carter Eltzroth, Legal Director of the DVB Project, who skillfully guided the discussions and ensured a lively exchange of ideas among the speakers and the audience. 

Key Highlights from the Panel: 

Government Perspectives on Patents and AI 
Michael Prior, Deputy Director of Patents Policy at the UK Intellectual Property Office, provided insights into the UK Government’s recent and planned initiatives on patents and AI. He highlighted ongoing international discussions aimed at harmonising approaches to AI-related patent issues and shared updates on key policy developments that seek to ensure the patent system remains fit for purpose in this rapidly evolving area. 

Comparisons on Inventorship Thresholds 
Professor Noam Shemtov of Queen Mary University of London undertook a comparative analysis of the human contribution threshold for AI-assisted inventions. His talk focused on the differing recent approaches taken by the United States and Germany, shedding light on how each jurisdiction grapples with questions of human contribution, inventive step, and the role of AI in the creative process. 

Patentability and AI 
Virginia Driver, a Chartered Patent Attorney and European Patent Attorney from Page White Farrer, explored the complexities of patentability, sufficiency, and inventive step for AI-related inventions. Her presentation emphasised the practical challenges faced by patent applicants and practitioners when dealing with AI systems, particularly in ensuring that applications meet the rigorous standards of disclosure and technical contribution. 

Reflections on Policy Questions 
Matt Hervey, IP lawyer and joint General Editor of The Law of Artificial Intelligence (2/e, Sweet & Maxwell), concluded the panel with reflections on three critical policy questions raised earlier this year by Lord Justice Arnold:

• What role should the patent system play in incentivizing AI innovation?
• How should the legal frameworks address the concept of “inventorship” in the context of AI? 

• Should there be a more tailored approach to assessing inventive step for AI-related inventions? 

The event concluded with a dynamic Q&A session, where attendees engaged the panel with challenging questions and reflections on the future of patent law in the AI age.

For more information about upcoming IBIL activities, visit the IBIL Events page or sign up to the IBIL mailing list. You can watch a full recording of the event on the IBIL YouTube channel.