According to a report, only 26% of businesses have integrated artificial intelligence into their daily business operations, and only 6% of them have made it a primary resource for making business decisions. How Artificial Intelligence is Impacting Law Practices One of the more interesting evolutions in legal practice is the increasing application of ‘artificial intelligence’ (AI). Artificial intelligence (AI) is integral in Alibaba’s daily operations and is used to predict what customers might want to buy. Artificial intelligence can also be used in medical marketing to help medical practices effectively compete for patients. Others use AL and ML to gain real-time monitoring of their supply chain, which in turn, can improve the business bottom line. While the global pandemic has dampened economic growth, focus continues on maximizing AI to address COVID-19 and other important needs. Trade secrets may be preferable to patents in several circumstances, such as when (1) the patentability requirements, including those mentioned above, may not be satisfied, (2) the cost of pursuing patent protection outweighs the benefits, or (3) the need for potential IP protection extends beyond the available patent term. Such an approach needs strategic planning, where businesses need to define their objectives and plans that can help the company grow and develop. The United States, the European Union, Canada, China and many other countries have developed, or are developing, a national Organisations need to create a culture that welcomes AI business models and simultaneously empower people to leverage the abilities of artificial intelligence. Artificial intelligence (“AI”) is expanding in many industries and could add approximately $13 trillion to the global economy by 2030. Alongside, businesses need to create a common AI vision for their employees to set their priorities accordingly. Go to Overview . Artificial Intelligence (AI) and Machine Learning (ML) are already making a big impact on how people work, socialize, and live their lives. In Europe, while a computer program may not be patentable, artificial intelligence and machine learning that serves or achieves a technical purpose may qualify. For example, some U.S. case law suggests that the author of an AI program will be deemed to be the author of outputs generated by such program if the program, as opposed to the end user, did the “lion share of the work” to generate such outputs. They are also influencing the larger trends in global sustainability. However, developing a strategy for harnessing this value may face some hurdles as the AI‑IP legal landscape continues to evolve. 10 Best Practices for Artificial Intelligence Related Intellectual Property, AI Update: New Executive Order on Promoting the Use of Artificial Intelligence in Federal Agencies Pushes Developing Public Trust for Future Expansion, IoT Update: President Trump Signs IoT Cybersecurity Act of 2020 into Law, AI Update: The European Commission publishes a proposal for a Regulation on European Data Governance (the Data Governance Act), IoT Update: Congress Passes IoT Cybersecurity Improvement Act of 2020, FCC Plans to Advance Proposal to Change Device Marketing Rules, National Telecommunications & Information Administration. Complete Tutorial On Txtai: An AI-Powered Search Engine, responsible use of artificial intelligence, Full-Day Hands-on Workshop on Fairness in AI, Machine Learning Developers Summit 2021 | 11-13th Feb |. In the U.S., a patchwork of laws potentially may apply to TDM and similar activities, such as the fair use copyright exception, trademark law, contract law, the Computer Fraud and Abuse Act, and state law. Under U.S. law, data is not copyrightable because “facts” are not original works of authorship. Patients today have an ever-expanding number of choices to consider, particularly where specialists are concerned. The Pentagon’s research and engineering office is developing a series of technical standards and best practices for the department’s artificial intelligence efforts, according to Mark Lewis, director of research and engineering for modernization.. Hence, the shortage of experienced professionals with training became a critical problem for businesses who are willing to adopt artificial intelligence and transform their traditional business to data-driven models. Organizations can rely on these exceptions, so long as IP owners have not exercised their rights to prohibit TDM. Copyright © 2020, Covington & Burling LLP. With natural language processing, the … From diagnosing patients with solutions like IBM’s Watson and augmenting human behaviour to offer mental health services, to the build of surgical … Artificial intelligence (AI), is intelligence demonstrated by machines, unlike the natural intelligence displayed by humans and animals. This analysis may be complicated because patents are territorial, and patent subject matter eligibility requirements vary among jurisdictions, particularly for AI‑related inventions. On the other hand, if the same tasks were performed by humans, the costs will be ongoing each month. They also should include steps for reducing risks of third party infringement and other IP claims and address trademark, socials media, and other IP matters. Therefore, organisations are struggling to hire talented professionals to lead their AI-based projects, which in turn, slower their process of achieving their business objectives. Through AI, machines can analyze images, comprehend speech, interact in natural ways, and make predictions using data. This communication focuses on enabling the EU to realize its potential in the data economy by (1) introducing a cross‑sectoral governance framework for data access and use, (2) improving the EU’s data‑processing infrastructure and creating interoperability standards, (3) investing in skills and small and medium enterprises, and (4) creating common European data spaces in strategic sectors, such as health, finance, agriculture and energy. For instance, the UK’s Copyright, Designs and Patents Act 1988 provides that when “there is no human author” of a computer‑generated work, the author “shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.”  Similarly, the U.S. To break down this barrier, business leaders must bridge the technical gaps in employees by making non-technical people aware of artificial intelligence. Additionally, organizations continue to invest in developing AI algorithms, software, and data assets. Under U.S. law, patent applications must include a written description that demonstrates that the inventor(s) had possession of the invention at the time of filing and that enables persons of “ordinary skill in the art” to make and use the invention. Next generation digital technologies like machine learning (ML) and artificial intelligence (AI) are creating a new wave of transformation in Business. Unable to change company culture for modern advancements can only be attributed to resistance to change. Some of the other challenges mentioned were lack of tools, no access to required data etc. These and other activities can result in AI outputs, such as new drugs or content, and incremental improvements to AI algorithms, all of which may be valuable IP. Organizations should assess the various forms of these licenses and consider how they might be used on an in‑bound and out‑bound basis to further their business objectives. The Principles of AI Ethics demonstrate the IC’s commitment to ensuring its use and implementation of AI respect the law, protect privacy and civil liberties, are transparent and accountable, remain objective and equitable, appropriately incorporate human judgment, are secure and resilient by design, and incorporate the best practices of the science and technology communities. Organizations should have a written IP strategy, and procedures for implementing this strategy, that efficiently streamlines (1) the identification of IP assets, (2) assessment of their importance to the business, and (3) determination of how best to protect the IP. As artificial intelligence has become a growing force in business, today’s top AI companies are leaders in this emerging technology.. Often leveraging cloud computing, AI companies mix and match myriad technologies.Foremost among these is machine learning, but today’s AI leading firms tech ranging from predictive analytics to business intelligence to data warehouse tools to deep learning. Organizations also should evaluate the broader legal landscape pertaining to data. For example, WIPO, the European Patent Office (“EPO”), the USPTO, the U.S. For instance, algorithms often are protected by copyright, trade secret, and contract. Many governments have also created regulations and strategies around the usage of artificial intelligence for companies to deploy acceptable usage of this technology. There are many versions of these licenses with varying terms. Business leaders should start utilising data to make their day-to-day decision and should also democratise data for their employees to integrate it into their work process. The World Intellectual Property Organization (“WIPO”) has reported similar increases in AI‑related patent filings globally. However, if the pre-existing AI is widely known or available, a higher level description may suffice. In this article, we are going to share a few ways companies can smoothly adopt artificial intelligence and machine learning in their organisation to enhance their business productivity amid this crisis. How best to comply with the written description requirement may depend upon various factors, including the nature of the invention and the information that is available. In a recent announcement, Google has shared a few best practices and a framework for the responsible use of AI within their organisation. Many businesses use artificial intelligence to enhance their customer experience by implementing predictive analytics on business operations. Organizations should protect their AI‑related IP given its potential value. Artificial intelligence (AI) is, in fact, becoming a mainstay component of the legal profession. In the EU, the 2019 Digital Single Market Directive defines “text and data mining” as “any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations.”  This Directive requires EU Member States to implement certain exceptions to copyright infringement for these activities. While some leaders are championing genuinely impactful AI solutions that will drive their business and career forward – most leaders are shepherding projects that were destined to fail (almost as soon as they were conceived). Security also plays a crucial role in creating a comprehensive AI culture, where companies are working beyond compliance and obliging ethics in practising artificial intelligence. There are many areas where artificial intelligence could be implemented to make a business impact, but CEOs and COOs still resist to adopt this technology in their business operations. In particular, IDC predicts artificial intell i-gence to grow from $8 billion in 2016 to $47 billion by 2020 changing the face of business practices Understanding what it is, how it is being used and the difference between what is reality, media hype, science fiction, and futurists’ just speculating, is getting more difficult to ascertain. To address these issues, organizations should identify the countries where they desire patent protection for their AI inventions and assess whether such inventions satisfy the applicable subject matter eligibility criteria. In addition, organizations should familiarize themselves with the growing number of “free” standard form agreements used to make certain IP available, such as open source and Creative Commons licenses. Artificial intelligence (“AI”) is expanding in many industries and could add approximately $13 trillion to the global economy by 2030. To get the most out of artificial intelligence, businesses must understand the potential benefits of artificial intelligence and how it can be used to transform their businesses. Many organizations, both public and private, have invested substantial resources in AI research and development (R&D). Here, the companies were aiming to increase awareness among companies and institutions to set a strict guideline to use this evolving technology. Organizations should have policies to protect the confidentiality and security of their trade secrets. Maybe that’s why it seems as though everyone’s definition of artificial intelligence is different: AI isn’t just one thing. Identifying inventorship can have important implications for patent ownership. Artificial intelligence (AI) is the capability of a computer to imitate intelligent human behavior. Protecting rights in training data, AI data outputs, and other important data also requires careful attention. Practices. Organizations also commonly utilize contracts to protect data. If so, patent applications must be prepared to address such criteria and the organization’s objectives. This article is for general information purposes and is not intended to be and should not be taken as legal advice. All Rights Reserved. Some options for protection include patent, copyright, trade secret, trademark, and contract, and organizations frequently employ a combination of protections. Businesses should also create transparency in developing AI-based solutions for people, which, in turn, will develop a sense of trust in the solution. A lot of this could also be attributed to organisations’ lack of data literacy, which is extremely critical for businesses to understand deployment of newer technologies. Artificial intelligence (AI) is rapidly opening up a new frontier in the fields of business, corporate practices, and governmental policy. Reach out at sejuti.das@analyticsindiamag.com, Copyright Analytics India Magazine Pvt Ltd, NVIDIA Announced It’s First GPU-Based AI Chip That Can Boost Performance By Up To 20x, Top Deep Learning Based Time Series Methods, How AI Is Shaping Safety Standards On Oil Rigs, How Is TCS Helping With COVID-19 Testing In India, Use Of Algorithmic Decision Making & AI In Public Organisations, 8 Upcoming Webinars On Artificial Intelligence To Look Forward To. AI is Artificial intelligence is a constellation of many different technologies working together to enable machines to sense, comprehend, act, and learn with human-like levels of intelligence. In artificial intelligent systems, if we want to move toward artificial general intelligence, empathy will be essential. AI also has emerged as an important tool for IP development. However, identifying the human authors of AI‑generated works is not necessarily easy. Key takeaways from the conference included these 10 ways managers should approach AI: 1. Business leaders also need to have a comprehensive approach to the company’s data strategy where they need to understand the importance of data for business relevance as well as its availability, security, and governance. In fact, according to a recent study, it has been revealed that only 25% of organisations across industry consider the ethical implications of an AI solution before investing in it. Alongside leaders should also take this opportunity to upskill their existing employees which will help them fill the gap of skills shortage. Industry Voices—AI doesn't have to replace doctors to produce better health outcomes . Open source licenses often are used for making software freely available, while Creative Commons licenses often are used to make other copyrighted works and databases available on a no‑cost basis. One of the primary reasons for this is the company culture and mentality towards modernisation. However, due to several reasons – like lack of skilled talent and budget, along with an understanding of newer technologies – have created a host of barriers for enterprises to smoothly adopt artificial intelligence and machine learning for their organisations. To understand the responsible use of artificial intelligence, enterprises need to understand the impact of their automation on the economy. According to a recent report, only 17% of respondents stated that their companies have mapped out potential benefits of artificial intelligence in their organisation, where only 18% of respondents indicated that their organisations have a clear strategy in place. Patenting inventions developed using AI, such as those that may arise in the drug discovery context mentioned above, raises new issues. With these novel technologies penetrating the industry, it has created a huge skills gap, which has surpassed the demand for skilled AI talents. The study further stated that another 21% of respondents believe that their organisations have no aligned technology infrastructure to support advanced AI. In health care, artificial intelligence (AI) can help manage and analyze data, make decisions, and conduct conversations, so it is destined to drastically change clinicians’ roles and everyday practices. *Lee Tiedrich is a partner at Covington & Burling LLP and Co-Chair of the global and multi‑disciplinary Artificial Intelligence Initiative. In the U.S., the inventor(s) owns the patent application, absent an agreement or other arrangement to the contrary. This blog gives insight to just how far artificial intelligence could be used in healthcare. Image Courtesy of 3XN. Consequently, when preparing patent applications for AI‑related inventions, organizations should consider the particular circumstances pertaining to the conception and reduction to practice of the inventions in order to identify who should be named as inventor(s). Many companies also rely on AI-as-a-service solutions where people from non-technical backgrounds can also leverage the benefits of artificial intelligence without training. The chapter offers much needed insights on how the Artificial Intelligence is doing transformations in the Human Resource Management, functions and practices. To progress with artificial intelligence, there are a few things businesses should consider — ethics, privacy and responsible use of artificial intelligence. To understand the responsible use of artificial intelligence, enterprises need to understand the impact of their automation on the economy. Copyright Office and other governmental agencies are examining many AI‑related IP issues, including AI inventorship, patent eligibility, written description and enablement requirements, data issues, and AI‑related copyright issues. When considering patenting AI‑related inventions, organizations must carefully answer the threshold question of whether such inventions qualify for patent protection. Organizations increasingly are using text and data mining (TDM) and similar means to obtain AI training data and should ensure that these activities do not violate third party rights or applicable laws or agreements. However, the United Kingdom Patent Office (“UKIPO”), the EPO, and the USPTO have recently stated that inventors must be human, and do not allow AI tools to be named as an inventor. Europe also provides for a sui generis database right, which provides limited protection to databases if significant investments have been made to obtain, verify or present their contents. The United States, the European Union, Canada, China and many other countries have developed, or are developing, a national AI strategy that, in many cases, contemplates significant government investment in AI. Not surprisingly, investment in AI R&D has given rise to a substantial increase in AI‑related intellectual property (“IP”). But the borders are becoming fuzzy. For example, many pharmaceutical companies use AI in drug discovery. AI concepts Algorithm. Artificial intelligence (AI) is no longer a thing of the future — it is here. To progress with artificial intelligence, there are a few things businesses should consider — ethics, privacy and responsible use of artificial intelligence. 5. Leading AI textbooks define the field as the study of "intelligent agents": any device that perceives its environment and takes actions that maximize its chance of successfully achieving its goals. The developments that follow this communication could impact how organizations protect their data. This written description is intended to advance public knowledge in exchange for granting a monopoly. The intelligence of machines and robotics with deep learning capabilities have created profound disrupting and enabling impacts on business, governments, and society. To maximize protection for AI‑related IP while policy deliberations continue, organizations can follow these 10 best practices. For example, in the U.S., broad statutory patent eligibility language has been interpreted by the Supreme Court to exclude abstract ideas, laws of nature and natural phenomena (including products of nature), with recent cases establishing a two‑step test, known as the Alice/Mayo framework, for determining whether a patent claim is directed to patent‑eligible subject matter. The IP strategy and procedures should prioritize protection for valuable IP, take into account that existing laws may change, and be modified, as needed, as such laws change. “Leadership is about people and artificial intelligence is about machines. For instance, the European Commission recently issued a communication on “A European strategy for data”. Even hospitals are increasingly promoting themselves to attract audiences. In fact, in a recent report, it has been stated that 85% of artificial intelligence-based projects fail due to the lack of skilled personnel in the organisations. ICT advances, specifically computational power, distributed computing methods and software capability techniques amongst others, allow for what once was science fiction to become science faction. Home > Artificial Intelligence (AI) > 10 Best Practices for Artificial Intelligence Related Intellectual Property. Keeping excellent communication with your technical team, to understand complex subjects like data science can be beneficial for organisations. Leaders should also encourage questions from their employees which develop a sense of trust among them and will also cultivate an environment of accountability. However, limited copyright protection may be available for how the data is selected, coordinated, or arranged. Authorship also can have important implications for copyright ownership. Gregory Discher is Of Counsel and Fredericka Argent and Daniel Rios are associates at the firm. Organizations often implement these policies by using various measures, including physical and technical controls, non‑disclosure agreements, training, audits, and other procedures. AI and ML are not only transforming the way businesses operate, but also providing a massive opportunity for companies to gain a competitive advantage. As mentioned above, contracts can help secure and allocate IP rights, including for training data, AI outputs, and algorithms. Artificial intelligence definition: Artificial intelligence is a type of computer technology which is concerned with making... | Meaning, pronunciation, translations and examples Although businesses understand the advantages of artificial intelligence, they fail to create a clear strategy to roll out AI-based projects. It is important to understand the potential impact of AI on learning, teaching, and education, as well a s on policy development. To make your organisation data-ready, business leaders need to empower their employees with data access as well as train employees with data literacy programs. Artificial intelligence is making its way into hospitals around the globe, to help expand, sharpen and ease the mind of doctors – so they can do the same for patients. Many organizations, both public and private, have invested substantial resources in AI research and development (R&D). In fact, according to a recent survey, approximately 50% of respondents reported that their organisations lack skilled talents to implement real AI. For S&P 500 companies in 2018, IP and other intangibles represented 84% of company value. For example, if the patent application relates to an improvement to pre‑existing AI that is not well‑known or widely available, then a relatively detailed disclosure may be needed to describe and enable the invention. Specifically, patent applications must identify the inventors. For copyrights, determining authorship, and in turn securing ownership of copyrights in AI-generated works, presents novel questions analogous to those raised in the patent context. This regulation will allow businesses and employees to trust AI-generated insights. We have to anticipate how this is impacting business in order to give us a head start,” said Dean Franz Heukamp. This document shares some of Microsoft’s security lessons-learned from designing products and operating online services bui… Earlier this year, Vatican officials signed a pledge with Microsoft and IBM to promote ethical use of artificial intelligence for protecting the rights of the people. Practice 2: Focus on Judgment Work Many decisions require insight beyond what artificial intelligence can squeeze from data alone. Sejuti currently works as Senior Technology Journalist at Analytics India…. In sum, organizations engaging in TDM and similar activities should familiarize themselves with applicable laws and agreements and tailor their practices to comply with them. Advertisers and others leverage AI to create content. 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