The process of technological disruption is causing radical transformations in almost every aspect of human life. Human beings have two basic types of ability: physical and cognitive. In the past, humans used to outdo machines in terms of cognitive skill. But now, as a result of the technological revolution, artificial intelligence (AI) can compete with, and sometimes even excel against, humans with respect to cognitive skill.
This has the potential to be deeply disruptive in the context of intellectual property, both in Argentina and across the world. The essential principles that protect intellectual property date back, in some cases, to centuries ago. Now, the need for new rules that contemplate the changing circumstances is becoming increasingly evident.
This is the case, for example, in the context of IP protection for inventions generated by AI systems, in which no human person has intervened as an inventor (considering the traditional concept of "inventor"). Applications for such inventions have already been filed with the European Patent Office, among others. Such applications list an AI system as the inventor, and the owner of the AI system appears as the applicant and potential owner.
Most countries demand that patent applications indicate a human person as the inventor. Indeed, in Argentina, section 9 of the Patent Law states that only an individual can qualify as an inventor.
The new reality affects this traditional principle. In certain cases, it seems reasonable to admit that an AI system qualifies as an inventor – for example, when the individual who programmed it gave it general problem-solving skills, without providing a specific problem to be solved or the final output.
For further information on this topic please contact Daniel R Zuccherino at Obligado & Cia by telephone (+54 11 4114 1100) or email ([email protected]). The Obligado & Cia website can be accessed at www.obligado.com.