Artificial Intelligence and Intellectual Property Strategy Clearing House

Query: United Kingdom

1 record(s) found.

Member state	Policy type	Details
United Kingdom	Case law for AI and IP	United Kingdom Intellectual Property Office decision BL O/741/19 of December 4, 2019 Intellectual Property Office Hearing Officer decision, concerning whether an artificial intelligence, DABUS, could be named as an inventor (Section 7 and 13 of the Patents Act 1977). The application in respect of GB1816909.4 and GB1818161.0 was denied. This ruling follows similar stances adopted by other IP offices worldwide. Thaler v The Comptroller-General of Patents, Designs And Trade Marks [2020] EWHC 2412 (Pat) (21 September 2020) In the decision regarding inventions made by the DABUS artificial intelligence machine, the England & Wales High Court has upheld two decisions of the UK Intellectual Property Office (UKIPO) deeming the UK patent applications to be withdrawn. Stephen Thaler v Comptroller General of Patents Trade Marks and Designs [2021] EWCA Civ 1374 The England and Wales Court of Appeal dismissed the DABUS appeal on AI as patent inventor.
	Database rights	The Copyright and Rights in Databases Regulations 1997 The Regulations 1997 implement the Database Directive into UK law. They amend the Copyright, Designs and Patents Act 1988 with respect to databases, and provide for the sui generis database right. The Copyright, Designs and Patents Act 1988 Part 1, Chapter 1 sets out the subsistence, ownership and duration of copyright protection in the UK; Articles 3 and 3A refer specifically to the protection of databases.
	Examination guidelines and procedures for AI	Formalities Manual, Intellectual Property Office 2020 Relevant provision: Section 3.05. UK Manual of Patent Practice UK Manual of Patent Practice which explains Intellectual Property Office's practice under the Patents Act 1977 includes specific guidance on AI as inventor and on eligible subject matter. Sections 1, 7 and 13 will be updated. Examining patent applications relating to AI inventions In response to the 2021 call for views on AI and IP, the IPO published enhanced guidance on the examination of applications relating to AI, including: - The legal framework for examining applications for or using AI and how this will be applied. - Various scenarios based on an abridged patent specification, to show how we would apply the guidance to an invention. The guidance has been created to provide more clarity on the patent exclusions relating to AI and to help practitioners and applicants succeed with their applications.
	IP legislative measures adapted for AI	The Copyright, Designs and Patents Act 1988 Part 1, Chapter 1 of the Copyright, Designs and Patents Act 1988 sets out the subsistence, ownership and duration of copyright protection in the UK; Articles 9(3) and 12(7) refer specifically to computer-generated works. Section 214(2) of the Copyright, Designs and Patents Act 1988 contains similar provisions in relation to UK unregistered design right. Registered Designs Act 1949 Section 2(4) of the Registered Designs Act 1949 sets out that: “In the case of a design generated by computer in such that there is no human author, the person by whom the arrangements necessary for the creation of the design are made shall be taken to be the author.”
	National or regional AI strategy	AI and Data Grand Challenge 2017 This is one of four Grand Challenges to put the UK at the forefront of the industries of the future set out in the UK’s Industrial Strategy. The UK’s Industrial Strategy was published in November 2017. See pages 36 to 41 for the AI and Data Grand Challenge. The Office for Artificial Intelligence, a joint Department for Business, Energy and Industrial Strategy and Department for Digital, Culture, Media and Sport unit, is responsible for overseeing implementation of the AI and Data Grand Challenge. AI Sector Deal 2018 The document takes forward key recommendations from the independent report “Growing the artificial intelligence industry in the UK”, and will support AI firms to grow in the UK and to help drive adoption of the technology in the wider economy. The AI Sector Deal was published in April 2018. The Office for Artificial Intelligence, a joint Department for Business, Energy and Industrial Strategy and Department for Digital, Culture, Media and Sport unit, is responsible for overseeing implementation of the AI Sector Deal. National AI Strategy The National AI Strategy builds on the UK’s strengths but also represents the start of a step-change for AI in the UK, recognising the power of AI to increase resilience, productivity, growth and innovation across the private and public sectors.
	National or regional AI strategy with IP component	AI Sector Deal 2018 The report considers improving the transfer of intellectual property. It recommends that universities ensure that the primary objective of their approach to commercialization of research in AI is the exploitation of intellectual property (IP) and its protection. The UK IPO is responsible for AI in IP policy. National AI Strategy
	Other AI and IP processes and information	Artificial intelligence and intellectual property: call for views 2020 On 7 September 2020, the UK launched a call for views on AI and IP. To understand the impact IP might have for AI in the near to medium term, the UK call for views poses a number of questions on AI and IP policy. It covers patents, copyright and related rights, designs, trade marks and trade secrets as well as issues that cut across the IP rights. The UK call for views was open until 30 November 2020. Launch of AI-powered Trade Marks Pre-Apply service 2020 The UK IPO has launched an AI-powered Trade Marks Pre-Apply service to help applicants formulate their applications. AI Council AI Roadmap 2021 AI Roadmap is an independent report, carried out by the AI Council, providing recommendations to help the government's strategic direction on AI, including four pillars on which to build the UK’s future in AI. AI and IP: consultation on amending copyright and patents legislation The government sought evidence and views on a range of options on how AI should be dealt with in the patent and copyright systems, including: - The extent to which copyright and patents should protect inventions and creative works made by AI. - The measures to make it easier to use copyright-protected material in AI development.