PATENTABILITY OF ARTIFICIAL INTELLIGENCE ON THE PRECIPICE OF REFORM
Hannah Shows, Ph.D.
Haynes Beffel & Wolfeld LLP
HISTORICAL CONTEXT FOR PATENTING AI
Rapid expansion of artificial intelligence (AI) technology was a defining theme of 2022 and it continues to dominate market trends in 2023. Adoption of AI has more than doubled in the previous five years, as highlighted by extensive media coverage of generative AI tools like ChatGPT and DALL-E, drug discovery advancements thanks to protein AI AlphaFold, and controversy surrounding the increasing autonomy of self-driving cars. The current AI wave began approximately a decade before the recent boost in popularityâthe number of academic papers relating to AI published annually increased six times from 1996 to 2010,1 and the total number of AI papers published has since doubled.2 Patent practitioners are undoubtedly aware of these trends, given the nearly 350,000 filed patent applications for AI-related inventions by 2019 (notably, over half of which were filed since 2013).3