JPTOS & Artifical Intelligence

The Journal will be publishing a special AI themed issue this summer. For future issues we remain committed to publishing articles about IP and AI’s impact on it.
With that in mind we are providing this guidance that we feel will help authors craft better articles related to IP as well as providing references for technical, economic, and patent application statistical data so that authors need not spend too much time tracking down data that has already been compiled as well as having a good starting point for their analysis. This guidance is merely advisory and not required for any article submitted to The Journal. The listing of resources below should not be taken as The Journal’s adoption of any policy positions in those resources. They are listed for their technical information. As this is an emerging area of law with respect to IP we are also offering topic suggestions based on recent court decisions. To that end, in terms of articles we would be interested in with respect to AI and generative AI we have identified two issues that The Federal Circuit raised in Thaler v. Vidal
We take no position on any side of these issues and welcome academic discussion of these questions:
  • The first is the issue of how inventor is defined under the statutes as an individual. Is the current legislative framework sufficient? Should it be modified and if so how?
  • The second would be articles addressing when AI is used assistively in research can AI be a joint inventor and when.

Resources for Authors:
  1. AI Around the World: Intellectual Property Law Considerations and Beyond by Kathleen Wills, 102 J. Pat. & Trademark Off. Soc’y 186 (2022). 

  2. Public Views on Artificial Intelligence and Intellectual Property Policy, USPTO, files/documents/USPTO_AI-
(October 2020).
  3. Understanding Artificial Intelligence: Fundamentals and Applications by Chun-Chen Liu, Law, et al., 8/31/2022. 

  4. Artificial Intelligence: A Modern Approach (Pearson Series in Artificial Intelligence) 4th Edition (2020), by Russell and Norvig.
  5. Artificial Intelligence Key Legal Issues: Overview by Practical Law Intellectual Property & Technology

Article Tips for beginning your article:
  • Focus on which type of AI you will be writing about (e.g., deep learning, machine vision, autonomous devices), bearing in mind that AI is a large umbrella term.
  • Provide a definition of AI within your article. Make sure that throughout your article your analysis stays consistent with this definition.
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