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Article . 2023 . Peer-reviewed
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Article . 2022 . Peer-reviewed
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Article . 2023
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Vagueness in Artificial Intelligence: The ‘fuzzy logic’ of AI-related patent claims

Authors: Rebeca Ferrero Guillén; Altair Breckwoldt Jurado;

Vagueness in Artificial Intelligence: The ‘fuzzy logic’ of AI-related patent claims

Abstract

AbstractArtificial intelligence is an emerging technology with an average growth rate of 64.70% in patent filings worldwide and 39.71% in Europe between 2015 and 2019, according to Espacenet queries. This trend has raised several concerns regarding the implications for Intellectual Property rights, including disclosure, which is one of the main components justifying the existence of the patent system. Despite its importance, this requirement has been disputed due to certain tendencies that distort the functions that the act of disclosure fulfils, such as promoting innovation, research or teaching. With artificial intelligence–related patents being granted, the disclosure requirement is once again compromised, and perhaps even more due to the particularities that this branch of technology entails. In this sense, one main concern lies in the question of how artificial intelligence–related patents should be disclosed, as well as the fulfilment with this requirement. To this aim, two case studies are conducted to show the heterogeneity of compliance with this requirement, focusing on patents filed at the European Patent Office. The methodology used in the case studies consists in the analysis of a core-AI patent and an AI application patent which allow to assess the differences in the disclosure of both inventions. The heterogeneity between both case studies highlights the relevance of the topic and allows to propose three recommendations to improve sufficiency of disclosure in AI-related patent claims: metrics and benchmark analysis, standardisation of patent claim construction by introducing a ‘claim chart’ and introducing a peer review patent programme.

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    citations
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    4
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
4
Top 10%
Average
Average
hybrid