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Artificial Intelligence and IPR

The lecture covered the use of artificial intelligence in intellectual property law. It discussed what AI is, its history and development, and how it is being used in patent, trademark, design, and copyright systems around the world. Some key applications include using AI to help classify patents and trademarks, conduct prior art and image searches, translate documents, and assist with examination to reduce backlogs and speed up processing. Major intellectual property offices that are implementing AI include the EUIPO, USPTO, WIPO, IP Australia, and patent offices in Japan, the UK, and Singapore.

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93 views

Artificial Intelligence and IPR

The lecture covered the use of artificial intelligence in intellectual property law. It discussed what AI is, its history and development, and how it is being used in patent, trademark, design, and copyright systems around the world. Some key applications include using AI to help classify patents and trademarks, conduct prior art and image searches, translate documents, and assist with examination to reduce backlogs and speed up processing. Major intellectual property offices that are implementing AI include the EUIPO, USPTO, WIPO, IP Australia, and patent offices in Japan, the UK, and Singapore.

Uploaded by

Dashampreet
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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You are on page 1/ 5

Brief of the lecture for ‘Use of Artificial Intelligence in the Practice of

Intellectual Property Law’ by Adv. Rohan Rohatgi & Mr . VC Mathews

The lecture was mainly about What is Artificial Intelligence(hereinafter referred to as AI) ,its
History and Development all over the world , It’s use in the field of IPR Laws ,
Developments in Indian System pertaining to the same and the Relationship of Patent Law,
Designs and Copyright Law with AI .

1) What is Artificial Intelligence ?

 AI is a discipline of computer science wherein machines and systems can


carry out tasks which are considered to require human intelligence .
 AI has two subsets : i) Deep Learning and ii) Machine Learning
 Due to the development of new neural networks , techniques and hardware ,
AI is usually perceived as Deep supervised machine learning .

2) History and Development of Artificial Intelligence

 Started from 1956 , when John McCarthy coined their term at Dartmouth
College
 Later in between 1966 -1972 , Stanford University created ‘Shaky’, a robot
with self reasoning
 In 1997, IBM’s Deep Blue Computer created headlines by defeating the then
Chess World Champion, Gary Kasparov
 2006-2008, the social networking and media giants like Facebook and Netflix
started using AI . Also Google launched its ‘Search by Voice’ Google
assistant and later in 2011 ,Apple launched Siri , the first personal voice
assistance for Apple users .
 In 2018 , IBM’s Project Debator was introduced which debates humans on
complex topics
 And finally in 2020, WIPO began Public Consultation Process on Artificial
Intelligence and policies on topics of Intellectual Property
3) International developments

 The major conversation started in 2019 on IP and AI , by WIPO


 Recently in July ,2020 there was another conference of the same type
 Various countries which have put up with AI pertaining to examination ,
classification, Search etc.
 5 tools are introduced by WIPO as a subset of AI , they are :
a) WIPO Translator : mainly concerned with Patent Search to translate
documents from one language to another , to help patent examiners or
lawyers or patent applicants.
b) WIPO Brand Image Search : It is a Part of global brand database . It is
mainly used for trademarks , it assists the search of trademarks through not
only examining the image but also certain textures along with colours and
marks which was traditionally not possible .
c) Vienna Classification : Launched in August 2020. Used to detect Vienna
code by directly an image search ,which was earlier done by Vienna
assistant or manually
d) WIPO Speech to Text : used a lot by UN, WIPO in meetings and
conferences for future references . It is now available at licence basis .
e) Administration Tools : For assistance in filing applications , searches etc.
to member states .

4) Developments in India:

 In 2016 , National IPR Policy intends to use latest technology and versions of
ICT to be used to assist the IPR Offices (IPO) in India. Also, help improve
Examination Results
 IPO had, in 2018 issued an ‘expression of interest’ for making use of AI
,blockchain,IoT, and other latest technologies in Patent processing
 4 Committees on AI been established in regard to research in this field . They
built a portal named National AI Portal
 Use of Translation Software by Judiciary to translate documents from English
to Vernacular languages and the same has been done four the Supreme Court
Website as well to assist the people to read the judgements in vernacular
languages.
 New AI software being tested by MCA , for finding company names
phonetically similar to the Trademarks or names of other companies .

5) Use of AI in Trademark , Patent , Designs and Copyright Law :

 Trademark Law :
i. Classification of Goods : Classification of Goods and services into
classes as per Nice Classification by using word associations.
ii. Examinations : AI can be used to examine a mark and predict the
objections as well as search for similar marks . Eg: A*Star by Singapore
IP office
iii. Image Search: for the search of similar device marks rather than Vienna
Convention .Eg: Trademark Vision Image Recognition software search
used by Australian IP Office and also EUIPO
iv. Opposition : In opposition proceedings for comparison of similarities
between conflicting marks as well as the goods and services . Eg: A*Star
used by IPOS to find similarities to each text description.
v. Translation: Register marks in languages other than English .Eg:
Babelscape - a multilingual language tool used EUIPO for internal
examiners.

 Patent Law:

i. Patent Classification: To examine contents of patent and predict relevant


technology groups enabling allocation to appropriate patent examiner
section.
ii. Prior Art Search : AI can use the text use the text of an application
including the description , claims and abstract based on frequency of the
words and bigrams extracted and determine similar . These are being
tested by Japan and Finland.
iii. Examination : for examining annotation of Patent literature , detection of
problem/solution , detection of exclusion from patent ability . Eg: Used
by USPTO to analyse applications to understand prosecution history.
iv. Patent Infringement: Traditionally, Experts were are called to testify as
to the similarity between conflicting patents. AI could replace such
experts by conducting an examination of the claims to conclude there is a
similarity or not.
v. Machine Translation: WIPO translate , specially designed for translation
of Patent documents with high degree of accuracy .

 Design and Copyright Law :

i. Design Search: For search of series of images by providing a search


image for designs to hunt out similar designs when provided with
drawings/pictures of the concerned design . Used by EUIPO.
ii. Copyright Search & Examination: Conduct image image search es for
similar artistic works and determine the level of originality and creativity
of literary work and discrepancy of documents submitted.
iii. Design Examination: Examine design application to check whether the
same fulfils the parameters for registration i.e. originality
iv. Copyright Infringement: Analysing the level and percentage of
infringement in copyrighted works of literary nature by analysing the
conflicting work instead of manual similarity test.

6) Major Jurisdictions using AI in Intellectual Property Law :

 Australia: for Trademark examination, classification of goods and services ,


image search and Patent Classification .
 Japan : For classification of goods and services , Image searches for
trademarks, Prior art searches for patents ,Patents classification.
 European Union IPO : Image search for trademarks and designs , Patent
Classification , prior art search,Patent examination and registrability and
machine translation using natural language tool.
 WIPO: For categorisation of patent applications into technical units. The same
can be done for classification of text in Arabic , Chinese, english, French,
German,Japanese ,Korean, Portuguese , Russian and Spanish . Also used for
image search and WIPO Translate.
 USA : for patent and trademark examination , image search for trademarks ,
prior art search and patent classification.
 UK: for patent classification and prior art search and Machine Translation.
 Singapore: Image search for trademarks and designs, Patent classification,
classification of goods and services for trademarks, Trademark distinctiveness
Checker that uses natural language Processing and machine learning to
perform formalities check automatically.

7) Advantages of AI

 Make the system more user friendly,


 Improve efficiency of search and result,
 Reduce backlog and pendency of matters,
 Speed up the examination process,
 Reduce Chances of human error and
 Provide objective ,analysis and reduce subjective bias

All these were the major pointers discussed in the lecture followed by a few questions the
answers to which have been included in the above script itself .

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