U.S. patent law has made assumptions about where new inventions will be created, who will create them, and how they will be infringed. Throughout history, emerging technologies have challenged these paradigms. This decade’s emerging technologies will allow humans to create in virtual worlds, connect billions of every day devices via the Internet, and use artificial intelligence to invent across technology fields. If countries like the U.S. wish to encourage inventors to seek patent protection in these emerging areas, then a paradigm shift in the law must occur. Specifically, the law must clarify patent eligibility, recognize the increasing role of artificial intelligence in inventing, and continue to develop the doctrinal framework for enforcing interactive patents.
Minnesota Journal of Law, Science and Technology
W. Keith Robinson and Joshua T. Smith, Emerging Technologies Challenging Current Legal Paradigms, 19 MINN. J.L. SCI. & TECH. 355, 372 (2018)