
By: Claire O’Brien (Mills & Reeve)
On the 28 June, the UK Intellectual Property Office (IPO) issued its response to its previous consultation on Artificial Intelligence (AI) and Intellectual Property (IP), which. The consultation ran between October 2021 and January 2022 and sought evidence and views on how copyright and patent law can best support the development and deployment of AI technology.
The consultation focused on three main areas:
- Copyright protection for computer-generated works (CGWs) without a human author;
- Licensing or copyright exceptions for text and data mining (TDM); and
- Patent protection for AI-devised inventions.
No changes to the law in respect of copyright protection for computer-generated works and patent protection for AI-devised inventions
CGWs are currently protected under UK copyright law for 50 years. The question posed by the consultation was whether they should continue to be protected, and if so, in what manner. In its recent response, the UK IPO noted that there is currently no evidence that protection for CGWs is harmful and, as the use of AI is still in its early stages, a proper evaluation of the options is not yet possible meaning that any legislative changes could have unintended consequences. For these reasons, the Government currently plans no changes to the law on this point. However, the law will be kept under review and could be amended in the future if evidence supports it.
As with CGWs, the consultation asked whether AI-devised inventions should be protected under UK patent law, and if so, what form this protection should take. Currently, a patent may be granted for an AI-assisted invention under the UK Patents Act 1977. The consultation had not identified evidence that this current level of protection was inappropriate. Furthermore, in line with the views expressed by most of the respondents, the Government noted that any change to current patent legislation could risk causing UK patent laws to diverge from international norms of inventorship and thus prejudice international patent filings in markets that are important for UK interests. This would be counterproductive to the original aim of the consultation. Any such future change should be made at an international level, and the UK will work towards advancing international discussion on the subject…
Featured News
University of Kentucky Eyes Structural Shift Amid Antitrust Pressures
Apr 24, 2025 by
CPI
Opt-Out Flops Out At WIPO Meeting on AI and IP
Apr 24, 2025 by
CPI
Belgian Watchdog Fines Pharma Giants Over Anti-Competitive Practices in Pharmacies
Apr 24, 2025 by
CPI
X Sues Minnesota Over Law Banning AI Deepfakes in Elections
Apr 24, 2025 by
CPI
Twelve States Sue Trump Over Tariff Policy, Citing Overreach of Executive Power
Apr 24, 2025 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Mergers in Digital Markets
Apr 21, 2025 by
CPI
Catching a Killer? Six “Genetic Markers” to Assess Nascent Competitor Acquisitions
Apr 21, 2025 by
John Taladay & Christine Ryu-Naya
Digital Decoded: Is There More Scope for Digital Mergers In 2025?
Apr 21, 2025 by
Colin Raftery, Michele Davis, Sarah Jensen & Martin Dickson
AI In the Mix – An Ever-Evolving Approach to Jurisdiction Over Digital Mergers in Europe
Apr 21, 2025 by
Ingrid Vandenborre & Ketevan Zukakishvili
Antitrust Enforcement Errors Due to a Failure to Understand Organizational Capabilities and Dynamic Competition
Apr 21, 2025 by
Magdalena Kuyterink & David J. Teece