Search for approaches to the use of artificial intelligence in patent examination

Inventions are the key foundation of innovation. When a new technology is introduced to themarket, society benefits both directly, as it enables us to do things that were previously impossible,and indirectly, in terms of the economic opportunities that arise, such as business developmentand employment. Currently, the only way to obtain proper legal protection for an inventionis through patent registration. Delays in obtaining a patent can significantly hinder thebusiness and innovation processes of any country. Given the increasing number of patent applicationsin Ukraine and globally, it is important to study methods for optimizing the patent examinationprocess. This article addresses the issue of the steadily increasing number of patentapplications by exploring the use of artificial intelligence (AI) technologies in the patent examinationprocess. It examines the relevance, methods, and outcomes of using AI technologies ineconomically developed countries, with particular attention to the cooperation between the NationalInstitute of Industrial Property of Brazil and the American Chemical Society.On September 4, 2020, these organizations signed a Technical Cooperation Agreementaimed at testing and optimizing patent examination processes using AI technologies. This cooperationhas demonstrated convincingly positive results in optimizing patent examinationprocesses with AI. The article also analyses the content of Ukraine's «Rules for Examinationof Applications for Invention and Utility Model Applications» and identifies the stages atwhich the use of AI technologies is possible and appropriate, considering the importance ofprocess optimization and speeding up patent application examinations. As a result of thestudy, it is recommended that the national patent office begin developing and implementingAI technologies in the patent application examination process. This will help accelerate theexamination of patent applications and, consequently, stimulate innovation in Ukraine.

Authors

Publication Details

Journal
Theory and Practice of Intellectual Property
Published
2024-09-18
DOI
https://doi.org/10.33731/32024.311651
Primary Topic
Intellectual Property and Patents
Type
article
Field-Weighted Citation Impact
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article

Search for approaches to the use of artificial intelligence in patent examination

Mykhailo Mykhailenko
Theory and Practice of Intellectual Property
Intellectual Property and Patents
article

Search for approaches to the use of artificial intelligence in patent examination

Mykhailo Mykhailenko
article en

Abstract

Inventions are the key foundation of innovation. When a new technology is introduced to themarket, society benefits both directly, as it enables us to do things that were previously impossible,and indirectly, in terms of the economic opportunities that arise, such as business developmentand employment. Currently, the only way to obtain proper legal protection for an inventionis through patent registration. Delays in obtaining a patent can significantly hinder thebusiness and innovation processes of any country. Given the increasing number of patent applicationsin Ukraine and globally, it is important to study methods for optimizing the patent examinationprocess. This article addresses the issue of the steadily increasing number of patentapplications by exploring the use of artificial intelligence (AI) technologies in the patent examinationprocess. It examines the relevance, methods, and outcomes of using AI technologies ineconomically developed countries, with particular attention to the cooperation between the NationalInstitute of Industrial Property of Brazil and the American Chemical Society.On September 4, 2020, these organizations signed a Technical Cooperation Agreementaimed at testing and optimizing patent examination processes using AI technologies. This cooperationhas demonstrated convincingly positive results in optimizing patent examinationprocesses with AI. The article also analyses the content of Ukraine's «Rules for Examinationof Applications for Invention and Utility Model Applications» and identifies the stages atwhich the use of AI technologies is possible and appropriate, considering the importance ofprocess optimization and speeding up patent application examinations. As a result of thestudy, it is recommended that the national patent office begin developing and implementingAI technologies in the patent application examination process. This will help accelerate theexamination of patent applications and, consequently, stimulate innovation in Ukraine.

Theory and Practice of Intellectual Property(3)
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Intellectual Property and Patents
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