Albright IP Limited

Protecting your innovation

+44 (0)1242 691 801

Speak to a UK and European Patent and Trade Mark Attorney

  • Korean
  • Japanese
  • Simplified Chinese
  • Traditional Chinese
Menu
  • Home
  • About Us
    • Close
    • About Albright IP
    • How We Work
    • Our Values
    • Sectors
    • The Story So Far
    • Attorneys
    • Careers
    • Testimonials
      • Close
      • What They Say
  • Patents
    • Close
    • Overview
    • UK Patents
    • European / Euro-PCT Patents
    • International Patents
    • US Patents
    • Product Development
    • Patent Infringement
    • Patent Opposition
    • Costs
    • FAQs
  • Trade Marks
    • Close
    • Overview
    • UK Trade Marks
    • European Trade Marks
    • International Trade Marks
    • Trade Mark Infringement
    • Trade Mark Opposition
    • Costs
    • FAQs
  • Designs
    • Close
    • Overview
    • UK Designs
    • European Designs
    • International Designs
    • Costs
    • FAQs
  • Infringement
    • Close
    • Patent Infringement
    • Trade Mark Infringement
  • Opposition
    • Close
    • Patent Opposition
    • Trade Mark Opposition
  • IP Strategy
    • Close
    • Obtaining Protection
    • Enforcing Your Rights
    • Defending an Infringement Action
    • Intellectual Property Insurance
    • The Patent Box
    • Your competitors’ IP
    • IP Audits Plus
  • Brexit
    • Close
    • Brexit News
    • Brexit Attorney Update
  • Articles
    • Close
    • Blog
    • Figure 1 Magazine
    • Videos
    • Albright in the News
  • Contact

Can a Machine Really Invent?

30th October 2020 by Frederick Noble

AI

 

As IP attorneys we have certainly seen a large increase in AI inventions over the past few years. It comes as no surprise then, that the UK Government wants to develop intellectual property law and policy to ensure that AI technology is supported and protected in the right way.

 

A public consultation has been launched and anyone can submit their views on the subject before the deadline of 11:45pm on 30th November 2020.

 

The consultation is wide-ranging, with questions on topics spanning from current practical problems (or not) with protecting AI inventions, to the seemingly less commercially-focused issue of “Is there a moral case for recognising AI as an inventor?”.

 

The scope of the consultation also covers designs, trade marks, copyright and trade secrets. Some of the questions are about practical problems in the here and now, some of them rather more in the crystal ball arena.

 

The UKIPO recognise that “there is no single agreed definition of artificial intelligence”, but the Government has chosen to use for these purposes the definition:

 

“technologies with the ability to perform tasks that would otherwise require human intelligence, such as visual perception, speech recognition, and language translation.”

 

That definition is probably not a bad one in terms of the AI technologies which are commercially important today. But although the introduction to the consultation says that impact of concepts such as AI superintelligence or an AI as a legal entity are not to be considered, some of the more future-gazing questions seem to assume the possibility of technology beyond the definition, which either does not yet exist at all or currently exists only as interesting proof-of-concept work.

 

Artificial Inventors

 

One area being covered is the possibility that an AI system may be able to invent.

 

In a series of patent applications Dr. Stephen Thaler and his company Imagination Engines have argued that they have a machine which does exactly that, and accordingly the machine “DABUS” was designated as an inventor.

 

Both the UK and European Patent Offices found that current law simply does not allow a machine to be named as inventor – the named inventor must be human. But in many ways that is a legal technicality – the wider question as to whether or not a machine can in fact “invent” was not really addressed in the DABUS cases. Is there, or will there ever be, “technology with the ability to perform tasks that would otherwise require human intelligence, such as inventing an invention”? Some commentators have questioned whether the alleged inventions in the DABUS applications were truly invented by the AI DABUS in the sense that the AI has devised the invention as opposed to being use as a tool to assist a human in devising the invention. So, the UKIPO is asking “can current AI systems devise inventions?”. If you work in the field, tell them what you think!

 

A more practical and immediate question is “does current law or practice cause problems for the grant of patents for AI inventions in the UK?”. The exclusion of patent protection for “computer programs as such” in UK and European law certainly does crop up in practice when prosecuting “AI inventions”.

 

My take is that the existing case law gives the UKIPO scope to grant patents for most new and non-obvious inventions which fall within the Government’s definition of AI. But the UKIPO seem to have unfortunately established a practice based on an interpretation of the case law which is not favourable to some inventions.

 

AI technology is, accepting the Government’s definition, technology which has the ability to perform tasks that would otherwise require human intelligence. This might be put as “an AI invention is an invention which achieves something which humans might be already able to do, but machines have thus far found very difficult”. Giving machines new competencies is in my mind the epitome of technological innovation.

 

But is it intelligent?

 

It is worth observing that bound up in this definition of AI is a certain expectation that the technology is novel and non-obvious. Something that would “otherwise require human intelligence” so requires because there is no machine yet that can do it and it is not obvious how to make one, even though the underlying task may be easy for a human child to complete. Thus, many of the rule-based expert systems which represented the state of the art of artificial intelligence in the 1980s might not be honoured with the “AI” moniker today.

 

The question as to patentability, both according to UK and EPO case law, boils down more or less to whether a true technical contribution has been made to a field of technology. The field of AI, that is the endeavour of trying to make computers do things that so far computers have not been able to do, is in my mind clearly a field of technology and a technological endeavour. If a technical advance has truly been made, then it should be patentable under existing law.

 

Unfortunately, the UKIPO and to some extent the EPO can sometimes focus more on the field in which the technology is applied than on the field in which the technological advance is made.

 

For example, the UKIPO has held that a natural language processing invention is patentable when tied to “speech processing” (i.e. audio) but not otherwise (when processing text)[1]. This is despite the real technical contribution apparently being in processing any computer-readable natural language, the conversion to or from audio being a matter of existing technology. This seems to me neither logical, fair, nor according to the established case law when properly understood.

 

It is certainly good to see that the UKIPO are taking these questions seriously. I hope that they will get some serious and considered answers from a range of stakeholders. The consultation will not be very useful if the only people who respond are patent attorneys, so I would encourage anyone working in or close to the field of AI to take the time to respond. The consultation materials can be found on the government website.

 

[1] Toshiba’s application BL O/453/14

Filed Under: Designs, Trade Marks Tagged With: AI, Albright Ip, Artificial Intelligence, attorney, Cheltenham, Designs, European, Intelletual property, Machine, trade mark

Frederick Noble

Frederick Noble

Frederick is a UK and European Patent Attorney who enjoys working in a diverse range of technical areas. His patent practice spans from artificial intelligence through to products for the building trades and DIY. As well as patent prosecution, Frederick handles patent, trade mark, design and copyright infringement matters, where he has a strong track record of settling disputes on favourable terms for his clients.

Subscribe to our Newsletter

reCAPTCHA
Please leave this blank
Sending

Most Popular Posts

Patents

What is the best patent strategy?

Frederick Noble
29th August 2013

If you have an invention and wish to obtain protection, what should your strategy be?  The easy answer might be to obtain as many good patents as possible, in any and all countries where your invention might be of commercial value.  But in reality the …

Designs

Patents and Designs – A comparison

Will Doherty
7th February 2014

What is the point of a Registered Design? If a patent offers much broader protection for your invention, why would you ever want to apply for a design instead? Well, the truth is that a design is not necessarily just a “poor man’s patent”, but is actua …

Trade Marks

Apple: Trade Mark protection for store design and layout

Katie Oliver
28th June 2013

  Known for aggressively defending their Intellectual Property, Apple has now secured US trademark protection for the design and layout of their retail stores, increasing their trademark portfolio whilst also deterring copycats from mimicking thei …

Article Archive

  • Patents
  • Trade Marks
  • Designs
  • IP Strategy
  • Infringement
  • Costs
  • Other Law
  • Charity
  • Brexit

Ask an Expert

reCAPTCHA
Please leave this blank
Sending

Search the Blog

What Our Customers Say...

Albright IP Limited
Albright IP Limited
4.9
powered by Google
David Chalk
David Chalk
21:43 02 Jun 20
Great service, attention to detail and truly actionable advice. I've no hesitation in recommending Albright IP and Adrian in particular. Many thanks.read more
George Tatham-Losh
George Tatham-Losh
13:29 05 Feb 20
Fantastic service as always, detailed, informative and all the hard work was done with minimal input from myself. I have been working with Katie and her fantastic team for years and would highly recommend.read more
Christopher James
Christopher James
16:59 20 Jan 20
Choosing Albright IP was one of the best decisions I have made. Adrian and Cloe have both helped me tremendously so far, they are very professional, friendly, prompt and always there to help and answer any questions. Katie Oliver has also been wonderful assisting with the trademark. Thank you all and looking forward to continue to work with you.read more
Richard Hearn
Richard Hearn
16:05 22 Nov 19
Excellent professional advise and extremely honest and upfront people. Many thanks Adrian and your team!
Brian Gibbs
Brian Gibbs
07:32 23 Aug 19
I have absolutely no hesitation in recommending Albright IP Ltd having received superb service and support throughout. Every query I raised was dealt with professionally and very quickly by Will who provided fully detailed and regular updates as well being approachable and friendly at all times. I have full confidence in Albright IP!read more
Warren Philbey
Warren Philbey
10:54 18 Jul 19
From the first call I had a great feeling, polite, friendly, informative and professional. From then it just got better and after a great deal of help and support in understanding our needs we contracted with Albright and they did a fantastic service, exceeding any expectations and proving themselves to be a truly wonderful company to work with. 10 stars! A big thank you to Adrian and his team.read more
Terence Hodgson
Terence Hodgson
23:06 12 Jun 19
I have not had reason to contact Albright for several years since the granting of my Patent but quite recently I did get in touch. It was as I remembered, friendly, professional, honest and informative. It appears that Adrian and the Albright team are there for me no matter the length of time. T Hodgson. UMU HSA Ltdread more
Paul Sims
Paul Sims
12:40 12 Apr 19
Adrian and The Albright Team are Professional and Helpful. It has is a real gem to found such great people to act as part of my extended legal team regards Patents. I am pleased to recommend and have them represent my Registered Patents. Thank you. www.thebluebearpartnership.comread more
Nick Ball
Nick Ball
19:16 12 Mar 19
High quality service at a reasonable price. With Albright you feel you're in very good hands. Marc was always courteous, responsive, well informed and generous with his time. I would have no hesitation recommending Albright or working with them again.read more
Andrew Stewart
Andrew Stewart
16:27 26 Feb 19
Great depth of expertise, advice and counsel. Not only expert advisors, Albright IP provide valuable, balanced and cogent advice on complex (and simple) matters of patent and trademark law. Delivered with great clarity, always available and keen to provide balanced perspectives in support of good outcomes. Great partners, highly recommend.read more
Simon Bradbeer
Simon Bradbeer
11:37 05 Feb 19
After leaving a well known London based attorney Albright IP were recommended to me by a colleague within the group. Since then Adrian and his team have consistently given me superb advice and support whatever the project. With their help the company has been granted a number of robust patents, registered designs and trademarks.read more
Scott Johnson
Scott Johnson
14:59 11 Jan 19
I have known Adrian Hocking for over 10 years. The service he and his colleagues offer is professional, transparent and friendly. If you have an idea that is either completely new or you think is a step-change from what is currently available, I recommend that you contact Albright IP.read more
Hannah Azar
Hannah Azar
11:10 24 Dec 18
Adrian is an exceptionally talented and experienced patent attorney. I was very impressed by the quality of work produced by the team at Albright. A fast, helpful and friendly service.read more
Oliver Pearce
Oliver Pearce
19:11 01 Dec 18
Fantastic one to one service. Knowledgeable. Friendly. Competent. And very rapid response to queries. Very impressed!read more
Simon Folmann
Simon Folmann
21:32 26 Nov 18
Adrian Hocking and Albright IP have offered us excellent service, and expertise over the last 12 months. They explain in detail the processes, implications, and opportunities with obtaining and securing Intellectual Property and for a Product Development company such as ours, it is crucial that the terminology and quality of work be above industry standard. I can with high confidence say, that the delivered work so far from Albright IP and their team, is unparalleled to prior partners we have had in IP; and I am sure it will continue to do so in our future endeavours together.read more
Martin Boyd
Martin Boyd
15:17 03 Nov 18
Excellent technical and legal knowledge. Amazing friendly customer service catered to individual customer needs. Highly recommended.read more
Mike N
Mike N
16:14 08 Oct 18
Albright-IP - We can highly recommend Albright-IP, after contacting several patent companies prior to application - we were after a patent company to offer realistic and practical advice, be able to process our claim from start to finish, After speaking with Mr Doherty on the telephone we decided Albright -IP would be able to offer the skills and knowledge required for our application and asked them to represent us. Albright-IP were on hand to explain the complexities of the process and how our claim may or may not be defended in the real world, Mr Will Doherty is our patent attorney, he was professional and attentive, his knowledge and customer service is very good. We are confident our patent application is in good hands and we are pleased to have Alrbight IP there to assist us with our application, without their input we may well have been wasting our time due to our lack of knowledge in this complex matter.read more
Jeffrey Chua
Jeffrey Chua
08:47 14 Sep 18
We worked with Albright IP Limited on patent applications in EU and UK, specifically through Cloe Loo. Cloe and her team have done a fantastic job. We were glad to have assistance from Albright on our patent application journey. I am impressed by the team's professionalism and we will be engaging Albright to be our long-term legal adviser in patent applications.read more
Graham Kelly
Graham Kelly
17:49 07 Sep 18
I have a granted patent! thanks to Will and the team at Albright. ? Friendly and helpful service, it's great how they can very quickly grasp the required understanding of your idea and put pen to paper and draft a patent. Will was great at pointing out what are valid aspects of my idea and taking me through the process of what that means in patent language! A few more steps to go to hopefully gain the overseas coverage. ?read more
Geraint Morgan
Geraint Morgan
09:44 21 Aug 18
Albright IP provided an excellent, efficient, affordable high quality service that made the whole patent filing experience an enjoyable one - contrary to previous experiences. We are certainly more likely to consider patenting our innovations in the future based on our recent experience and would highly recommend Albright IP to others.......read more
Don Spence
Don Spence
12:07 09 Aug 18
Filing patents can be a steep learning curve but Adrian does an excellent job explaining the process. Adrian and his associates are easy to contact and they will always answer your questions. Money and cost are important and the Albright team do their best to make sure your $$ is spent in a wise fashion. After working with Albright for 6 years, I am happy with their work and I have no reason to change companies. My many thanks for professional service.read more
Graeme Allison
Graeme Allison
22:54 31 Jul 18
Adrian and his team provided and excellent service, their technical understanding is fantastic and patent advice has been impeccable, I’d highly recommend Albright IP should you be looking for patent expertise.read more
Mark Hendriksen
Mark Hendriksen
16:12 17 Jul 18
Exceptional. Guided me through the process in clear understandable steps. Hoping we have a long and successful future ahead with the patents they've so expertly managed for me so far.read more
jing cheng
jing cheng
13:12 19 Jun 18
I contacted Adrain for advise in a short time frame. He is very professional and clear about price policy. He has very good understanding of online business and IP law. He is very quick responding and speakes the language I understand. Highly recommended.read more
Lorenzo Rimoldi
Lorenzo Rimoldi
12:44 07 Jun 18
Adrian was very helpful, upfront and clear on processes, costs and timeline. He's very professional and proactive in his involvement and support. I would definitely recommend Albright IP.read more
Mohammed Deria
Mohammed Deria
04:06 01 Jun 18
Adrian is a true professional at the top of his field! Due to his background in engineering, Adrian effortlessly understand the needs of his client even when it is highly technical in nature. An attentive ear and huge generosity with his time, Adrian's support to us as a client has been extremely valuable. I would highly recommend Adrian and the team at Albright IP for protecting your IP.read more
Guy Procter
Guy Procter
17:36 21 May 18
What can I say, excellent help so far! Very clear and helpful service, explained in terms you can understand covered everything I thought I needed and then some more to give me all the options available. More than willing to recommend Albright IP.read more
Kirishan Siva
Kirishan Siva
09:14 17 Dec 17
The Albright team were extremely helpful and knowledgeable in the whole patent process for our product and went through each process in registering patent to help us understand this fully. Highly recommend Adrian and team for their knowledge, efficiency and professional service!read more
Jade Baron
Jade Baron
16:05 25 Nov 17
Adrian Hocking at Albright handled my recent patent application. I've been very happy with his service. He was very responsive to my questions and explained everything thoroughly. He was very supportive of my idea and consistently positive, which was also helpful. Albright has relationships with various other businesses that help inventors, so it's kind of a like a one-stop-shop. Highly recommend.read more
Meopham Fencing
Meopham Fencing
15:27 08 Nov 17
Great advice and customer service at a reasonable price. They have enabled us to finalise our case satisfactorily. Would happily recommend them and use them again.read more
James Garritt
James Garritt
09:17 17 Oct 17
Adrian and his team have been fantastic in all works asked to do. They have ensured my idea has been protected in every way. They have helped with the design process also and I could not wish for a better team. You may be paying a little more than you feel is expected....but you get what you pay for and you probably save money in the long run. Highly recommended.... use without worry.read more
Tony Laycock
Tony Laycock
16:06 02 Oct 17
I have found that the company has given me excellent service in getting my patent through the process. Every time I have had a phone conversation I have felt I was given plenty of time to discuss what was happening. Along with sound advice I have been able to make great progress. In my opinion it is one of the best companies I have ever dealt with and would be happy to recommend them.read more
Next Reviews

Helpful Tips

Acceleration – it is possible to fast track the progress of your patent application before the UK IPO, for example, if you require a granted patent to determine a successful outcome in licensing negotiations. However, acceleration is at the discretion of the UK IPO and reasons in support of your request must be provided.

Quicklinks & Glossary

  • A
  • B
  • C
  • D
  • E
  • F
  • G
  • H
  • I
  • J
  • K
  • L
  • M
  • N
  • O
  • P
  • Q
  • R
  • S
  • T
  • U
  • V
  • W
  • X
  • Y
  • Z

Cheltenham Head Office

Albright IP
County House
Bayshill Road
Cheltenham
Gloucestershire
GL50 3BA
United Kingdom

 

(use for all correspondence)

Cornwall Office

Pool Innovation Centre
Redruth
Cornwall TR15 3PL

 

London Meeting Room

5 Merchant Square
London, W2 1AY

 

See the Contact Us page for details

Contact Us

Cheltenham: +44 (0)1242 691801
Cornwall: +44 (0)1209 316161
London: +44 (0)20 3813 2885

Email: info@albright-ip.co.uk

Vat No: 891 4780 86


  • Facebook
  • LinkedIn
  • Twitter
  • Vimeo

Newsletter

reCAPTCHA
Please leave this blank
Sending

Copyright © 2021 · Dynamik-Gen on Genesis Framework

/* ----------------------------------------- */ /* Content Template: Loop item in Most Popular Posts - start */ /* ----------------------------------------- */ .ab-entry-header-info { margin-bottom: 15px; } .ab-button { color: #fff !important; } h3.ab-archive-post-title { text-transform: none !important; } /* ----------------------------------------- */ /* Content Template: Loop item in Most Popular Posts - end */ /* ----------------------------------------- */ /* ----------------------------------------- */ /* Content Template: Loop item in Most Popular Posts – Design - start */ /* ----------------------------------------- */ .ab-entry-header-info { margin-bottom: 15px; } /* ----------------------------------------- */ /* Content Template: Loop item in Most Popular Posts – Design - end */ /* ----------------------------------------- */ /* ----------------------------------------- */ /* Content Template: Loop item in Most Popular Posts – Trade Marks - start */ /* ----------------------------------------- */ .ab-entry-header-info { margin-bottom: 15px; } /* ----------------------------------------- */ /* Content Template: Loop item in Most Popular Posts – Trade Marks - end */ /* ----------------------------------------- */