Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Notices 44889

Dated: August 22, 2019. patentability issues relating to running the AI algorithm on the data Tracey L. Thompson, computer-implemented inventions (e.g., and obtaining the results. Acting Deputy Director, Office of Sustainable software) are germane to discussions of 3. Do current patent laws and Fisheries, National Marine Fisheries Service. AI inventions.1 AI methods and systems regulations regarding inventorship need [FR Doc. 2019–18466 Filed 8–26–19; 8:45 am] vary in their technical implementation, to be revised to take into account BILLING CODE 3510–22–P but rely on a substantial level of inventions where an entity or entities development and training by inventors, other than a natural person contributed developers, and system users. to the conception of an invention? DEPARTMENT OF COMMERCE The USPTO has been examining AI 4. Should an entity or entities other inventions for decades and has issued than a natural person, or company to Patent and Trademark Office guidance in many areas that necessarily which a natural person assigns an invention, be able to own a patent on [Docket No. PTO–C–2019–0029] relate to AI inventions. Going forward, the USPTO would like to engage with the AI invention? For example: Should Request for Comments on Patenting the innovation community and experts a company who trains the artificial Artificial Intelligence Inventions in AI to determine whether further intelligence process that creates the guidance is needed to promote the invention be able to be an owner? AGENCY: United States Patent and predictability and reliability of 5. Are there any patent eligibility Trademark Office, Department of patenting such inventions and to ensure considerations unique to AI inventions? 6. Are there any disclosure-related Commerce. that appropriate patent protection considerations unique to AI inventions? ACTION: Request for comments. incentives are in place to encourage For example, under current practice, further innovation in and around this SUMMARY: The United States Patent and written description support for critical area. Trademark Office (USPTO) is interested computer-implemented inventions Issues for Comment: The USPTO in gathering information on patent- generally require sufficient disclosure of seeks comments on patenting artificial related issues regarding artificial an algorithm to perform a claimed intelligence inventions. The questions intelligence inventions for purposes of function, such that a person of ordinary enumerated below are a preliminary evaluating whether further examination skill in the art can reasonably conclude guide to aid the USPTO in collecting guidance is needed to promote the that the inventor had possession of the relevant information to evaluate reliability and predictability of claimed invention. Does there need to whether further guidance is needed and patenting artificial intelligence be a change in the level of detail an assist in the development of any such inventions. To assist in gathering this applicant must provide in order to guidance with respect to patenting information, the USPTO is publishing comply with the written description artificial intelligence inventions. The questions on artificial intelligence requirement, particularly for deep- questions should not be taken as an inventions to obtain written comments learning systems that may have a large indication that the USPTO has taken a from the public. The questions are number of hidden layers with weights position or is predisposed to any designed to cover a variety of topics that evolve during the learning/training particular views. USPTO welcomes from patent examination policy to process without human intervention or comments from the public on any issues whether new forms of intellectual knowledge? that they believe are relevant to this property protection are needed. 7. How can patent applications for AI topic, and is particularly interested in inventions best comply with the DATES: Written comments must be answers to the following questions: received on or before October 11, 2019. enablement requirement, particularly 1. Inventions that utilize AI, as well given the degree of unpredictability of ADDRESSES: Written comments should as inventions that are developed by AI, certain AI systems? be sent by email to AIPartnership@ have commonly been referred to as ‘‘AI 8. Does AI impact the level of a uspto.gov. Comments may also be inventions.’’ What are elements of an AI person of ordinary skill in the art? If so, submitted by postal mail addressed to invention? For example: The problem to how? For example: Should assessment the Director of the U.S. Patent and be addressed (e.g., application of AI); of the level of ordinary skill in the art Trademark Office, P.O. Box 1450, the structure of the database on which reflect the capability possessed by AI? Alexandria VA 22313–1450. Although the AI will be trained and will act; the 9. Are there any prior art comments may be submitted by postal training of the algorithm on the data; the considerations unique to AI inventions? mail, the USPTO prefers to receive algorithm itself; the results of the AI 10. Are there any new forms of comments via email. invention through an automated intellectual property protections that are Because written comments and process; the policies/weights to be needed for AI inventions, such as data testimony will be made available for applied to the data that affects the protection? public inspection, information that a outcome of the results; and/or other 11. Are there any other issues respondent does not desire to be made elements. pertinent to patenting AI inventions that public, such as a phone number, should 2. What are the different ways that a we should examine? not be included in the testimony or natural person can contribute to 12. Are there any relevant policies or written comments. conception of an AI invention and be practices from other major patent FOR FURTHER INFORMATION CONTACT: eligible to be a named inventor? For agencies that may help inform USPTO’s Office of the Under Secretary and example: Designing the algorithm and/ policies and practices regarding Director of the USPTO, (571) 272–8600. or weighting adaptations; structuring patenting of AI inventions? SUPPLEMENTARY INFORMATION: Artificial the data on which the algorithm runs; Dated: August 21, 2019. Intelligence (AI) is increasingly Andrei Iancu, becoming important across a diverse 1 For a discussion of the issues unique to software Under Secretary of Commerce for Intellectual spectrum of technologies and patents, see Request for Comments and Notice of Property and Director of the United States Roundtable Events for Partnership for Enhancement Patent and Trademark Office. businesses. Because execution of AI of Quality of Software-Related Patents, 78 FR 292, invariably requires some form of 294 (Jan. 3, 2013) (reviewing unique challenges of [FR Doc. 2019–18443 Filed 8–26–19; 8:45 am] computer implementation, many of the software patents). BILLING CODE 3510–16–P

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