Artificial intelligence—intellectual property — 2022
Produced in partnership with Caitlin Heard of CMS and Dr Rachel Free of CMS
Last updated on 11/08/2022

The following TMT practice note produced in partnership with Caitlin Heard of CMS and Dr Rachel Free of CMS provides comprehensive and up to date legal information covering:

  • Artificial intelligence—intellectual property
  • What is artificial intelligence?
  • The use of AI in different sectors
  • Banking
  • Healthcare
  • Retail
  • Transport and infrastructure
  • Robotics
  • Quantum computing
  • Proposed EU regulation
  • More...

Artificial intelligenceintellectual property

The purpose of this Practice Note is to explain and discuss the interplay between artificial intelligence (AI) (or machine learning) and intellectual property (IP). It covers:

  1. What is artificial intelligence?

  2. The use of AI in different sectors

  3. The implications of AI for the development of IP law

  4. Protection of training data

  5. Protection of training algorithms

  6. Protection of AI systems and strategies for protection

  7. Protection of the output of AI

  8. Uses of AI in the IP field

  9. IP issues to consider when contracting with a third party AI solution provider

  10. Are changes to the current IP system necessary to deal with AI?

What is artificial intelligence?

The term ‘artificial intelligence’ (AI) refers to a branch of computer science in which computers are designed to perform in ways which mimic human intelligence, namely the ability to perceive, analyse, learn, reason and deduce.

AI has evolved from the original conception of AI in the 1950s to its current flexible and unprecedented state. The original concept focused mainly on AI systems that could be programmed via computer coding with the knowledge of human experts, leading to complex decision trees that non-experts could use to obtain a desired result. An early example of this was the Deep Blue AI system, which was programmed to search through a data bank of possible chess moves, prepared by human chess grandmasters, based on the

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Key definition:
Artificial intelligence definition
What does Artificial intelligence mean?

Technology with the ability to perform tasks that would otherwise require human intelligence and which, usually, have the capacity to learn or adapt to new experiences or stimuli, including machine learning, speech and natural language processing, robotics and autonomous systems.

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