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Book Chapter: Innovating under Uncertainty: The Patent-Eligibility of Artificial Intelligence after Alice Corp. V. CLS Bank International
Title | Innovating under Uncertainty: The Patent-Eligibility of Artificial Intelligence after Alice Corp. V. CLS Bank International |
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Authors | |
Keywords | Alice Corp Patent troll Patent eligibility Artificial Intelligence Patent claim uncertainty Patent policy |
Issue Date | 2022 |
Publisher | Emerald Publishing. |
Citation | Innovating under Uncertainty: The Patent-Eligibility of Artificial Intelligence after Alice Corp. V. CLS Bank International. In Langenfeld, J, Fagan, F, Clark, S (Eds.), The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring, p. 59-82. Bingley, UK: Emerald Publishing, 2022 How to Cite? |
Abstract | Artificial intelligence-related inventions raise complex questions of how to define the boundaries around patentable subject matter. In the United States, many claim that the recent doctrinal developments by the Supreme Court have led to incoherence and excessive uncertainty within the innovation community. In response, policymakers and stakeholders have suggested legislative amendments to address these concerns. We first review these developments, and subsequently use the patent examination record to empirically test the claims of increased uncertainty. We find that, although uncertainty did spike following the Supreme Court's holding in Alice, it quickly returned to levels comparable to its historic norm. This has implications both for those advocating for legislative changes to the law of eligible subject matter, as well as other jurisdictions considering adopting a test similar to that applied in Alice. |
Persistent Identifier | http://hdl.handle.net/10722/313352 |
ISBN | |
ISSN | |
SSRN | |
Series/Report no. | Research in Law and Economics ; 30 |
DC Field | Value | Language |
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dc.contributor.author | Whalen, R | - |
dc.contributor.author | Zingg, R | - |
dc.date.accessioned | 2022-06-13T01:42:06Z | - |
dc.date.available | 2022-06-13T01:42:06Z | - |
dc.date.issued | 2022 | - |
dc.identifier.citation | Innovating under Uncertainty: The Patent-Eligibility of Artificial Intelligence after Alice Corp. V. CLS Bank International. In Langenfeld, J, Fagan, F, Clark, S (Eds.), The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring, p. 59-82. Bingley, UK: Emerald Publishing, 2022 | - |
dc.identifier.isbn | 9781802620023 | - |
dc.identifier.issn | 0193-5895 | - |
dc.identifier.uri | http://hdl.handle.net/10722/313352 | - |
dc.description.abstract | Artificial intelligence-related inventions raise complex questions of how to define the boundaries around patentable subject matter. In the United States, many claim that the recent doctrinal developments by the Supreme Court have led to incoherence and excessive uncertainty within the innovation community. In response, policymakers and stakeholders have suggested legislative amendments to address these concerns. We first review these developments, and subsequently use the patent examination record to empirically test the claims of increased uncertainty. We find that, although uncertainty did spike following the Supreme Court's holding in Alice, it quickly returned to levels comparable to its historic norm. This has implications both for those advocating for legislative changes to the law of eligible subject matter, as well as other jurisdictions considering adopting a test similar to that applied in Alice. | - |
dc.language | eng | - |
dc.publisher | Emerald Publishing. | - |
dc.relation.ispartof | The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring | - |
dc.relation.ispartofseries | Research in Law and Economics ; 30 | - |
dc.rights | © 2022 Ryan Whalen and Raphael Zingg. This AAM is provided for your own personal use only. It may not be used for resale, reprinting, systematic distribution, emailing, or for any other commercial purpose without the permission of the publisher. | - |
dc.subject | Alice Corp | - |
dc.subject | Patent troll | - |
dc.subject | Patent eligibility | - |
dc.subject | Artificial Intelligence | - |
dc.subject | Patent claim uncertainty | - |
dc.subject | Patent policy | - |
dc.title | Innovating under Uncertainty: The Patent-Eligibility of Artificial Intelligence after Alice Corp. V. CLS Bank International | - |
dc.type | Book_Chapter | - |
dc.identifier.email | Whalen, R: whalen@hku.hk | - |
dc.identifier.authority | Whalen, R=rp02307 | - |
dc.description.nature | postprint | - |
dc.identifier.doi | 10.1108/S0193-589520220000030005 | - |
dc.identifier.hkuros | 700004059 | - |
dc.identifier.spage | 59 | - |
dc.identifier.epage | 82 | - |
dc.publisher.place | Bingley, UK | - |
dc.identifier.ssrn | 4099290 | - |
dc.identifier.hkulrp | 2022/24 | - |