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The Generative AI Patentability Landscape: Examining the WIPO Report
- Abhivardhan
- Aug 23, 2024
- 18 min read
Updated: Nov 16
This insight examines a recently published Report on Generative Artificial Intelligence Patents by the World Intellectual Property Organisation, as of mid-2024.
Now, let's address a caveat before delving into the analysis and the WIPO report itself.
It's important to note that this report may not serve as the definitive authority on AI patentability within the WIPO's international intellectual property law framework.
While the report provides valuable insights, certain sections discussing the substantive features of Generative AI and related aspects might not directly reflect WIPO's official stance on AI patentability.
This caveat is crucial for two reasons:
Evolving Landscape: The AI patentability landscape is still developing, and individual countries are establishing their own legal frameworks, positions, and case law on the subject.
International Framework: The creation of an international intellectual property law framework under WIPO for AI patentability remains uncertain, as aspects related to economic-legal contractual rights and knowledge management may evolve.
The Three Perspectives of Analysis in this Report
This report is based on three key aspects of analysis, or let us say, three perspectives of analysis, when it examines the Generative AI Landscape:
The first perspective covers the GenAI models. Patent filings related to GenAI are analyzed and assigned to different types of GenAI models (autoregressive models, diffusion models, generative adversarial networks (GAN), large language models (LLMs), variational autoencoders (VAE) and other GenAI models).