Artificial intelligence鈥攊ntellectual property


Produced in partnership with Caitlin Heard of CMS and Dr Rachel Free of CMS
Practice notes
Artificial Intelligence Guidance on Lexis+

Artificial intelligence鈥攊ntellectual property


Produced in partnership with Caitlin Heard of CMS and Dr Rachel Free of CMS

Practice notes
Artificial Intelligence Guidance on Lexis+
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The purpose of this Practice Note is to explain and discuss the interplay between artificial intelligence (AI) (or machine learning) and IP. It covers:

  1. 鈥

    What is artificial intelligence?

  2. 鈥

    The use of AI in different sectors

  3. 鈥

    The implications of AI for the development of IP law

  4. 鈥

    Protection of training data

  5. 鈥

    Protection of training algorithms

  6. 鈥

    Protection of AI systems and strategies for protection

  7. 鈥

    Protection of the output of AI

  8. 鈥

    Uses of AI in the IP field

  9. 鈥

    IP issues to consider when contracting with a third-party AI solution provider

  10. 鈥

    Are changes to the current IP system necessary to deal with AI?

What is artificial intelligence?

The term 鈥榓rtificial intelligence鈥 (AI) refers to a branch of computer science in which computers are designed to perform in ways which mimic human intelligence, namely the ability to perceive, analyse, learn, reason and deduce.

AI has evolved from the original conception of AI in the 1950s to its current flexible and unprecedented

Caitlin Heard
Caitlin Heard

Partner, CMS

Caitlin is an intellectual property litigator and solicitor advocate specialising in multijurisdictional patent litigation. She has acted on several ground-breaking cases, including one of the earliest cases in the UK dealing with Standard Essential Patents (SEPs) and FRAND licensing. She has considerable experience providing strategic counsel and coordination of international patent litigation strategy.
 
Caitlin has acted on a number of high profile pharmaceutical and technology disputes across a broad range of industries including telecommunications, information security, mobile banking and ticketing, quantum computing, construction, medical devices, and biotech. Caitlin has represented clients in front of the General Court, Court of Appeal, High Court, IP Enterprise Court and UKIPO.
 
Caitlin has particular expertise advising clients on their IP strategy in respect of SEPs and FRAND licensing. She has also written academically on this subject, having co-authored a textbook chapter in 鈥淚ntellectual Property in Electronics and Software鈥 (published by Globe Law and Business), entitled 鈥淪tandard setting, competition law and FRAND licensing in Europe鈥.
 
She is equally well placed to advise clients in the life sciences sector, where she has acted for clients on product launch strategy and regulatory exclusivity, and has experience providing strategic advice to challenge decisions of regulatory bodies including the MHRA and EMA.
 
Caitlin is ranked as a 鈥淣ext Generation Partner鈥 in the 2020 Legal 500 for Intellectual Property: Patents. She is also recognised as an 鈥業P Trailblazer鈥 in World Intellectual Property Review鈥檚 Influential Women in IP 2020, and sits on the editorial board of the Patent Lawyer Magazine.

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Rachel Free
Dr Rachel Free

Partner, Patent Attorney, CMS

Rachel Free is a partner at International law firm CMS and a UK and European patent attorney with an MSc in Artificial Intelligence and a DPhil in vision science. She is a member of the House of Lords all party parliamentary group on AI which advises parliamentarians about AI and an independent advisory board member of the University of Bath Centre for Doctoral Training on accountable, responsible, transparent AI.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Artificial intelligence definition
What does Artificial intelligence mean?

Technology with the ability to perform tasks that would otherwise require human intelligence and which, usually, have the capacity to learn or adapt to new experiences or stimuli, including machine learning, speech and natural language processing, robotics and autonomous systems.

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