AI as a violator of patent rights: determining liability

Anna Didyk

Citation: Anna Didyk, AI as a violator of patent rights: determining liability, in: Jusletter IT 27. April 2023

Due to the quick technological progress the AI which is capable of autonomous decision-making is becoming more prevalent. As AI is now capable of self-learning, the legal system needs to address the questions previously not considered. One of such questions is the potential of self-learning AI to develop in such a way that it infringes on IPR, including potential patent infringement. This infringement does not have to be foreseeable by any human involved in the making and using the AI, therefore sometimes, there will be no human to provide compensation. Without any laws or standards in place applicable to AI directly, current liability rules need to be changed to address this challenge.