Big Data Analytics to Automate Patent Disclosure of Artificial Intelligence’s Inventions

As defined, a patent is an exclusive right granted to an inventor in exchange for a full disclosure of the invention. Now that AI machines are able to invent arts and science, compliance with the current patenting requirements has become very challenging when it comes to AI inventions. Moreover, while the aspects of patent filing requirements for AI are still unclear, the number of worldwide applications for AI and machine learning (ML) patents continues to grow exponentially with a compound annual growth rate of approximately 20%.Currently, patents are conditioned on inventors describing their inventions. But how can the process be described when the inner workings and the use of AI in inventive transactions are not adequately understood or are largely unknown? Simply put, how can the AI owners provide a full explanation of the inner working of an invention that they have not personally invented or even observed? Requiring them to provide such an explanation will be discussed in this paper. Additionally, we will look at the possible solutions to satisfy the USPTO’s patenting requirements with regard to an AI invention while protecting the AI process itself.We will discuss the fact that if the AI machine can invent, it can log its steps too. After the completion of the invention process, a guided AI machine, with a supervised method of log analysis and deep learning, can filter, compile, and optimize the enormous log. Finally, this AI machine can produce all the detailed disclosure regarding the subject invention without opening the black box of the inventor. Thus, to satisfy the USPTO requirement, we can let the guided AI decide what to disclose and accordingly generate the disclosure independently. The AI machine owner will use this method to produce AI-generated disclosure to the patent office and will keep the AI machine undisclosed. This approach will keep the inventor (the AI machine) in a black box and, at the same time, will produce the required disclosure, including a detailed description of the invention, to give social benefit to society and be in line with the public policy behind the patent law