Google says: "United States Patent and Trademark Office (USPTO) A recent review of both parties (Inter Partes Review) Some problematic changes were proposed, Most of these changes will make it much more difficult to use the program, Create uncertainty, And expand the cases of patent trolls and other litigation abuses. "
Reuters recently reported, Google sent a letter USPTO Criticize these proposed rule changes, The company argued that the changes would stifle innovation in the United States. The Internet giant made it clear, The field of artificial intelligence is a weak spot for the bureau and its patent examiners. The letter was sent by Google's general counsel, Halima.Delaine.Prado (Halimah DeLaine Prado) Sign one's name.
Prado wrote: "The Bureau evaluates hundreds of thousands of claims each year, There is a growing proportion of claims involving new AI technologies. unfortunately, Various new proposals would make it harder for the agency to correct any errors in the patent review process, Burying developers and stifling American innovation. "
2023 years 4 month, USPTO An advance notice of proposed rulemaking was issued, These include the Patent Trial and Appeal Board (PTAB) examinational "America invents Act" (AIA) Potential changes to the program. It includes a proposal, To create a rule that would allow the bureau to refuse to initiate mutual reconsideration proceedings, "To ensure some profit, Non-competitive entities will not act in a manner inconsistent with the Agency's mission and vision to promote innovation, Or not meet AIA Improve patent quality, The intent to limit unnecessary and counterproductive litigation costs is to use the parties' reconsideration process and the post-authorization retrial process in a manner intended" .
however, Google requirements USPTO Maintain its current bilateral reconsideration process and withdraw the proposed rulemaking changes. Prado continued: "The Bureau has recently proposed some very problematic changes to the mutual reconsideration procedure, Most of these will make it more difficult to use the program, Create uncertainty, And it encourages patent trolls and other abusive litigation. "
Artificial intelligence innovation and mutual reconsideration procedure
Write in Google USPTO In a one-and-a-half page letter, Most of the content has artificial intelligence as a central issue. Google came up with USPTO It can be taken immediately 3 Item action, Google believes these actions will benefit its growth and AI innovation.
First of all, Google Advice USPTO Maintain access to the mutual reconsideration process by withdrawing the proposal to restrict access.
Prado thought: "If a patent challenge is timely, Worthy and consistent with the stringent requirements that Congress has established, In that way USPTO It should be accepted. "
Artificial intelligence training for patent examiners
Google direction USPTO Proposed regulation 2 One recommendation is to provide comprehensive technical training for patent examiners, So that they can better understand AI innovation.
Prado also said: "Although some of the examiners are experts in artificial intelligence, But some of the examiners are experts in the application of AI technology, They are unlikely to have expertise in AI itself. "
The technology company is known for 1980 The advent of software patents in the decade is compared, Much less was known about the technology at the time. Google claims, USPTO This lack of knowledge has led to "Decades of low-quality and meaningless software patents" .
Google in 6 A similar AI technology training proposal was presented at a Senate subcommittee on Intellectual Property in October. Google's argument is this, Patent examiners need to have a good understanding of AI, To evaluate a patent application.
Cost growth
Google direction USPTO The final proposal was to increase patent filing and examination fees for large companies such as Google, To increase its technical training budget.
The tech company is also asking Congress to use the setting of fees as a legislative opportunity, For the better USPTO Provide the money and resources needed to implement these changes.
Prado concluded: "Patent policy plays an important role in promoting AI innovation... It depends on USPTO initiate. This government agency is at the heart of America's culture of innovation. Adopt these recommendations and discard the current problematic proposals, We can protect this culture and further unlock the potential of this emerging technology. "
Including Microsoft (Microsoft) International Business Machines Corporation (IBM) Other tech companies, too USPTO The proposed changes have raised concerns. (Be compiled from ipwatchdog. com)
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