Companies also go through an inner dilemma of introducing artificial intelligence in their organisation, which in turn, acts as a barrier for businesses to leverage the full potential of emerging technologies. Security also plays a crucial role in creating a comprehensive AI culture, where companies are working beyond compliance and obliging ethics in practising artificial intelligence. Organizations increasingly are using text and data mining (TDM) and similar means to obtain AI training data and should ensure that these activities do not violate third party rights or applicable laws or agreements. According to a report, only 26% of businesses have integrated artificial intelligence into their daily business operations, and only 6% of them have made it a primary resource for making business decisions. Trade secrets may be preferable to patents in several circumstances, such as when (1) the patentability requirements, including those mentioned above, may not be satisfied, (2) the cost of pursuing patent protection outweighs the benefits, or (3) the need for potential IP protection extends beyond the available patent term. Understanding what it is, how it is being used and the difference between what is reality, media hype, science fiction, and futurists’ just speculating, is getting more difficult to ascertain. Sejuti currently works as Senior Technology Journalist at Analytics India Magazine (AIM). Artificial intelligence contributes to the financial health of the company in the regard that the only investment that is needed is the initial one for the development and the integration of the system. As with patents, securing rights from all potential authors, including in many cases by contract, can be important for addressing ownership, including for AI outputs and trained algorithms. “Leadership is about people and artificial intelligence is about machines. In the EU, the 2019 Digital Single Market Directive defines “text and data mining” as “any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations.” This Directive requires EU Member States to implement certain exceptions to copyright infringement for these activities. Contributes To Global Growth. All Rights Reserved. AI concepts Algorithm. Additionally, organizations continue to invest in developing AI algorithms, software, and data assets. Sejuti currently works as Senior Technology Journalist at Analytics India…. While some companies are adopting artificial intelligence to great advantage – most companies are spinning their wheels with fruitless AI projects that go nowhere. 10 Best Practices for AI-Related Intellectual Property. AI and ML are not only transforming the way businesses operate, but also providing a massive opportunity for companies to gain a competitive advantage. ICT advances, specifically computational power, distributed computing methods and software capability techniques amongst others, allow for what once was science fiction to become science faction. There are many areas where artificial intelligence could be implemented to make a business impact, but CEOs and COOs still resist to adopt this technology in their business operations. Open source licenses often are used for making software freely available, while Creative Commons licenses often are used to make other copyrighted works and databases available on a no‑cost basis. About; 25 Years of Digital; Testimonials; Contact; AI Healthcare Sectors. The Pentagon’s research and engineering office is developing a series of technical standards and best practices for the department’s artificial intelligence efforts, according to Mark Lewis, director of research and engineering for modernization.. To address these issues, organizations should identify the countries where they desire patent protection for their AI inventions and assess whether such inventions satisfy the applicable subject matter eligibility criteria. How best to comply with the written description requirement may depend upon various factors, including the nature of the invention and the information that is available. In the U.S., a patchwork of laws potentially may apply to TDM and similar activities, such as the fair use copyright exception, trademark law, contract law, the Computer Fraud and Abuse Act, and state law. These policies should take into account the amount of remote access and work, such as during the pandemic, and include measures to guard against unauthorized disclosure and use of trade secrets and to investigate and remediate actual or suspected misappropriations. Practices. This document shares some of Microsoft’s security lessons-learned from designing products and operating online services bui… Business leaders also need to have a comprehensive approach to the company’s data strategy where they need to understand the importance of data for business relevance as well as its availability, security, and governance. The dependency on automation has accelerated due to COVID-19 pandemic. AI adoption is always a top-down initiative, and with business leaders getting comfortable with their traditional infrastructure, it gets challenging for the rest of the organisation to move towards digitisation. ArtificialIntelligence.health is a medical AI software development company that is committed to making custom artificial intelligence solutions. Copyright Office and other governmental agencies are examining many AI‑related IP issues, including AI inventorship, patent eligibility, written description and enablement requirements, data issues, and AI‑related copyright issues. Some options for protection include patent, copyright, trade secret, trademark, and contract, and organizations frequently employ a combination of protections. Although businesses understand the advantages of artificial intelligence, they fail to create a clear strategy to roll out AI-based projects. According to a recent report, only 17% of respondents stated that their companies have mapped out potential benefits of artificial intelligence in their organisation, where only 18% of respondents indicated that their organisations have a clear strategy in place. AI is 10 Best Practices for Artificial Intelligence Related Intellectual Property, AI Update: New Executive Order on Promoting the Use of Artificial Intelligence in Federal Agencies Pushes Developing Public Trust for Future Expansion, IoT Update: President Trump Signs IoT Cybersecurity Act of 2020 into Law, AI Update: The European Commission publishes a proposal for a Regulation on European Data Governance (the Data Governance Act), IoT Update: Congress Passes IoT Cybersecurity Improvement Act of 2020, FCC Plans to Advance Proposal to Change Device Marketing Rules, National Telecommunications & Information Administration. Advertisers and others leverage AI to create content. Others use AL and ML to gain real-time monitoring of their supply chain, which in turn, can improve the business bottom line. For example, if the patent application relates to an improvement to pre‑existing AI that is not well‑known or widely available, then a relatively detailed disclosure may be needed to describe and enable the invention. In addition, organizations should familiarize themselves with the growing number of “free” standard form agreements used to make certain IP available, such as open source and Creative Commons licenses. Artificial intelligence (“AI”) is expanding in many industries and could add approximately $13 trillion to the global economy by 2030. This article is for general information purposes and is not intended to be and should not be taken as legal advice. To understand the responsible use of artificial intelligence, enterprises need to understand the impact of their automation on the economy. The U.S. Patent and Trademark Office (“USPTO”) published over 27,000 AI‑related patent applications since 2017, with over 16,000 of them published within the past eighteen months. Such an approach needs strategic planning, where businesses need to define their objectives and plans that can help the company grow and develop. Practice 2: Focus on Judgment Work Many decisions require insight beyond what artificial intelligence can squeeze from data alone. Organizations often implement these policies by using various measures, including physical and technical controls, non‑disclosure agreements, training, audits, and other procedures. Copyright © 2020, Covington & Burling LLP. As consumption of products and services built around AI/ML increases, specialized actions must be undertaken to safeguard not only your customers and their data, but also to protect your AI and algorithms from abuse, trolling and extraction. Organizations should have a written IP strategy, and procedures for implementing this strategy, that efficiently streamlines (1) the identification of IP assets, (2) assessment of their importance to the business, and (3) determination of how best to protect the IP. For example, WIPO, the European Patent Office (“EPO”), the USPTO, the U.S. In sum, organizations engaging in TDM and similar activities should familiarize themselves with applicable laws and agreements and tailor their practices to comply with them. Organizations should assess the various forms of these licenses and consider how they might be used on an in‑bound and out‑bound basis to further their business objectives. On the other hand, if the same tasks were performed by humans, the costs will be ongoing each month. To understand the responsible use of artificial intelligence, enterprises need to understand the impact of their automation on the economy. The developments that follow this communication could impact how organizations protect their data. Protecting rights in training data, AI data outputs, and other important data also requires careful attention. Enterprises around the world are rapidly incorporating artificial intelligence (AI) into existing and new products and processes. Artificial intelligence (AI) is rapidly opening up a new frontier in the fields of business, corporate practices, and governmental policy. *Lee Tiedrich is a partner at Covington & Burling LLP and Co-Chair of the global and multi‑disciplinary Artificial Intelligence Initiative. For example, some U.S. case law suggests that the author of an AI program will be deemed to be the author of outputs generated by such program if the program, as opposed to the end user, did the “lion share of the work” to generate such outputs. Many companies also rely on AI-as-a-service solutions where people from non-technical backgrounds can also leverage the benefits of artificial intelligence without training. This blog gives insight to just how far artificial intelligence could be used in healthcare. The Principles of AI Ethics demonstrate the IC’s commitment to ensuring its use and implementation of AI respect the law, protect privacy and civil liberties, are transparent and accountable, remain objective and equitable, appropriately incorporate human judgment, are secure and resilient by design, and incorporate the best practices of the science and technology communities. Some of the other challenges mentioned were lack of tools, no access to required data etc. However, identifying the human authors of AI‑generated works is not necessarily easy. As mentioned above, contracts can help secure and allocate IP rights, including for training data, AI outputs, and algorithms. 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