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Artificial Intelligence and IP: Can AI Invent?

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More than 50 years after the debut of 2001: A Space Odyssey, the development of artificial intelligence ("AI") and AI-based technologies has impacted and will continue to impact our daily lives. As AI-based technologies gain in capability, such technologies play an ever increasing role in assisting people with the development of intellectual property ("IP") assets. At what point, however, does a computer cross the line from a mere tool helping inventors and creators to an inventor or author itself? Have we reached a stage in the evolution of AI where the fictional AI system HAL could have independently created original and/or patentable material? The answer may surprise you.

Mark D. Penner will provide attendees with understanding and insight into intellectual property (IP) strategies for AI-based systems while considering if and how AI-based systems could be considered creators and/or inventors under IP regimes.

This presentation will consider:

  • IP Considerations for AI-based technologies in Canada and the U.S.
  • What does a monkey named Naruto and AI-based technologies have in common?
  • How will current IP regimes recognize the fruits of AI-based inventive and creative processes?
  • Should AI created works be entitled to the same protection as works of human origin?
  • How would ownership of such IP rights be resolved?

This program contains 1 hour of Substantive content.