Anything You Can Do, AI Can't Do Better: An Analysis of Conception as a Requirement For Patent Inventorship And A Rationale For Excluding AI Inventors
Kaelyn R. Knutson · Mitchell Hamline Open Access (Hamline University) · 2020
sparked a resurgence in AI. 9 Among these techniques were "deep learning" and "expert systems." 10 In 1997, IBM's Deep Blue defeated world champion Garry Kasparov in a chess match 11 -an enormous leap from the very first chess-playing AI only fifty years earlier.Recent rapid growth in both computer processing power and data storage and acquisition has led to the current AI boom of the Digital Age. 12 AI have become ubiquitous in many industries.We encounter numerous implementations of AI in our daily lives-from friendly, voice-activated personal assistants like Siri and Alexa, to Facebook's powerful facial recognition and targeted advertisements.13 AI is also used widely in the technology, banking, and marketing industries.14 These AI are exceptionally useful for the limited tasks that they are programmed to accomplish.For example, Facebook has used an AI tool called DeepFace to learn to recognize people in photos that users upload.15 Facebook claimed the application's most advanced image recognition tool was as successful as humans, or even slightly more so, at recognizing the same people in different images.16 Another potentially more troubling example comes from the French company, Cloem, which has developed algorithms based on patent law best practices and brute force techniques to compile patent claim permutations generated from a set of keywords and a 9 See id. 10 See id.