Watson as an IP and Patent Advisor

Could have used this in the enterprise and with US Government work some time ago ... talked this and Watson Discovery with IBM, seemed to lay fallow for some time.   Demos?

IBMAnnounces Demonstration Project with U.S. Patent and Trademark Office to Help Make Patent Research Insights More Accessible and Usable

NEWS PROVIDED BY  IBM 

Oct 31, 2022, 09:00 ET

WASHINGTON, Oct. 31, 2022 /PRNewswire/ -- IBM (NYSE: IBM) today announces a demonstration project with the U.S. Patent and Trademark Office (USPTO) to test an artificial intelligence (AI) driven intellectual property (IP) analysis tool, the IBM IP Advisor with Watson® Demonstration System. Leveraging conversational AI technology with IBM Watson Assistant, and content insight mining and guided navigation solutions with IBM Watson Discovery, the system is designed to help users more efficiently uncover and analyze relevant patent data, allowing more time for strategic, value-added tasks.

Information known publicly before the actual filing date of a U.S. patent application, such as currently held and similar U.S. patents and published patent applications, is called prior art. When an inventor has an idea for a new product, a prior art study can be helpful in understanding the landscape of the field of invention by assessing not only prior art, but also competitors and opportunities for innovation in the field. However, with the continued rise in the number of patent applications being filed and the increasing volume of patent data, finding relevant, accurate information and analyzing prior art can be difficult and time consuming – especially for new inventors, 'Main Street' retailers and consumers not steeped in patent law. IBM aims to help address this challenge and promote greater participation in the innovation process with the IBM IP Advisor with Watson® Demonstration System.

By enabling natural language processing of queries with IBM Watson Discovery technology, the Demonstration System can help users locate relevant information using their own terminology, without the need to use specific terms and complex methods. And leveraging IBM Watson Assistant conversational AI technology as a guide, users can ask questions of embedded virtual agents to further inform and optimize their patent analysis.

The IBM IP Advisor with Watson® Demonstration System uses a subset of publicly obtainable U.S. patent data and is available for public testing and feedback on the USPTO's Open Data Portal through November 30, 2022.

"Prior art research and analysis is the foundation of a successful product or service launch, but the growth of prior art coupled with the need for appropriate keywords and the right patent classifications can be a barrier to entry for the every-day inventor," said Steve LaFleche, general manager, U.S. public and federal market for IBM. "I'm proud of our work with the USPTO in support of their objective to not just deploy smarter technology, but to build a better, more accessible IP system."  ... 

UK Says No to AI Patents

Contrary to the US it currently seems.  Worked in the IP/Patent space for some time. 

UK decides AI still cannot patent inventions  By Chris Vallance in the BBC, Technology reporter

The UK's Intellectual Property Office has decided artificial-intelligence systems cannot patent inventions for the time being.

Patents assign the ownership of a new invention to its creator. A recent IPO consultation found many experts doubted AI was currently able to invent without human assistance.   Current law allowed humans to patent inventions made with AI assistance, the government said, despite "misperceptions" this was not the case.

Last year, the Court of Appeal ruled against Stephen Thaler, who had said his Dabus AI system should be recognised as the inventor in two patent applications, for:   a food container,    a flashing light

The judges sided, by a two-to-one majority, with the IPO, which had told him to list a real person as the inventor.

"Only a person can have rights - a machine cannot," wrote Lady Justice Laing in her judgement.

"A patent is a statutory right and it can only be granted to a person."

But the IPO also said it would "need to understand how our IP system should protect AI-devised inventions in the future" and committed to advancing international discussions, with a view to keeping the UK competitive.  ... ' 

US Takes Stance in Patents by an Computer Using AI

In a previous effort I took a look at intellectual property law as used by the USAF.  What is noted here are initial rulings by US courts.  These, as it mentions, are being appealed.  Note that an oath has to be taken by a human in this case, what is the equivalent of a machine 'Oath' taken by an AI?   Continues to evolve by patent laws in other countries.

Only Humans, Not AI Machines, Get a U.S. Patent, Judge Rules

in Bloomberg, Susan Decker, September 3, 2021

U.S. District Judge Leonie Brinkema in Alexandria, VA, has ruled that only an actual human can be listed as an inventor on patents under U.S. law, while a computer using artificial intelligence (AI) cannot. Brinkema ruled that under federal law, an "individual," defined as a natural person, is required to take an oath that they are the inventor on a patent application. The case involved the Artificial Inventor Project at the U.K.'s University of Surrey, which has undertaken a global effort to have a computer named as an inventor. Courts in South Africa and Australia have ruled in the project's favor. University of Surrey's Ryan Abbott said the U.S. ruling will be appealed, along with those in the U.K. and Europe. Said Abbott, "We believe listing an AI as an inventor is consistent with both the language and purpose of the Patent Act."  ... ' 

USAF Researchers Partner with Quantum Computing Company

Had a short connect with the USAF regarding IP Development

ACM NEWS  Exclusive: Air Force Research Taps Quantum Computing   By Axios   April 29, 2021

U.S. Air Force researchers are partnering with a quantum computing company to use its machine learning algorithms, Axios has learned.

Why it matters: Quantum is the next generation of computing, and its growing adoption by the military shows the progress of the technology as it gradually moves out of the lab and into the real world.

Driving the news: Later this morning the Air Force Research Laboratory (AFRL) — its technological development wing — will announce a partnership with the quantum computing software company QC Ware to harness its algorithms to better surveil unmanned aircraft.  (to follow) 

From Axios

Reverse Engineering of 3D-Printed Parts by Machine Learning

A new caution regarding how machine learning can lead to extraction of IP.

Reverse Engineering of 3D-Printed Parts by Machine Learning Reveals Security Vulnerabilities
NYU Tandon School of Engineering
July 1, 2020

Researchers at the New York University (NYU) Tandon School of Engineering have reverse-engineered three-dimensional (3D)-printing toolpaths with machine learning (ML) tools applied to the microstructures of a printed component obtained via computed tomography (CT). The toolpaths are a series of coordinated locations that a tool will follow in computer-aided design file instructions. The researchers captured the printing direction used during 3D-printing from the printed part's fiber orientation through micro-CT scans; as fiber orientation is difficult to spot with the naked eye, the team used ML algorithms trained over thousands of micro CT scan images to anticipate the orientation on any fiber-reinforced 3D-printed model. NYU's Nikhil Gupta said, "Machine learning methods ... used in the design of complex parts ... can be a double-edged sword, making reverse engineering also easier."

AI and Patents in the WIPO

In a meeting a few weeks ago I asked the question about how findings using AI methods were being protected,  and got a somewhat unclear answer.    This perhaps shows why. Here much more about what is happening in this space.  Interesting stats about directions. - Franz

Based on the:WIPO (World Intellectual Property Organization) Trends Report  (158 page PDF) 

AI and patents - trends to watch  from the WIPO technology trends report
WIPO Technology Trends report 2019  came as a surprise to me. We in AI are not used to thinking about patents so much because tools / platforms are mostly Open sourced.

Here are the key takeaways from this report:
AI and patents - trends to watch  from the WIPO technology trends report.Posted by Ajit Jaokar in the DSC

The ratio of scientific papers to inventions has decreased from 8:1 in 2010 to 3:1 in 2016 – indicative of a shift from theoretical research to the use of AI technologies in commercial products and services.
Among AI functional applications, computer vision, which includes image recognition, is the most popular. Computer vision is mentioned in 49 percent of all AI-related patents (167,038 patent documents), growing annually by an average of 24 percent (21,011 patent applications filed in 2016).  

functional applications with the highest growth rates in patent filings in the period 2013 to 2016 were AI for robotics and control methods, which both grew on average by 55 percent a year.  
Many AI patents include inventions that can be applied in different industries – telecommunications, transportation , medical sciences , personal devices, computing and human–computer interaction (HCI) featured highly in the related industries.  ...."   (Considerably more at the link)

A Blow to Patent Trolls

Was involved in a very small way in the actions of a patent troll, an Opinion piece by Evan Schuman on changes in the legal system that could stop them.  Will this work?  I know lawyers on both sides running the numbers.  Instructive thoughts:

 A potentially fatal blow against patent troll
Forcing law firms to pay defendants’ legal bills could undermine the business model of patent trolls ... "