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July 27, 2021

Comment: Should AI be Used to Analyze Patent Claims?

Author: Intern - Saranya Dash

Currently, AI blends technology with the law. Society seeks legal machines with abilities of a computer or controlled robot to perform legal errands when it comes to dispute resolution. Amidst the Covid-19 pandemic, human experiences in the digital realm have accelerated with AI based machines like voice aids. Big organizations are applying AI by various techniques in creating their innovations. AI itself is at least a part inventor and somewhat qualifies for novelty. It would be only fitting if AI is also utilized to draft the patent claims and to examine patent applications for securing patent grants. It would be no less fitting if AI harnessed claim construction and reading of claims onto accused products and processes where infringement is alleged.

One of the primary fears is AI relies on the collection of big data inputs and outputs which keeps on changing. Can we depend on such AI-Results in selecting particular data among billions of data for the purpose of analyzing the patent claims?

For instance, when a suit for patent infringement is filed, the court examines the claims. If we bring AI into the picture to analyze the claims, then it may set a high default obviousness standard and not of a PHOSITA (Person Having Ordinary Skill in the Art) who is a hypothetical person to read and understand the innovation and its utility aspect. AI might prevent granting flawed patents but lack the human subjectivity to grant what real sensible humans would consider good enough patents.

Advanced digital innovations have paved the way for monitoring, analyzing, and optimizing various tasks. By enforcing policy instruments and methods for executing AI in the field of science & technology may be fruitful for analyzing the claims but it will imbalance the scale between society and technology. AI-enabled machines either can process or make use of machine learning algorithms but society may not be ready to accept it. 

Humans in the field of law, especially those who do not have a background in technology can feel threatened by this. Human analysis of the output of AI is easier to accept. The capabilities of AI, however, already exceed such restricted use. AI can do more, from interpreting the technical characteristics mentioned in legal language to what and how to apply. This promises to solve many challenges in the patent domain and assist the decision-maker. To benefit from it, what we seek is not just more powerful AI tools, but more comforting and inspiring human-interfaces. 

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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