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58 IDEA 65 (2017-2018)
A Mind of Its Own - Direct Infringement by Users of Artificial Intelligence Systems

handle is hein.journals/idea58 and id is 71 raw text is: 





                 A MIND OF ITS OWN - DIRECT
     INFRINGEMENT BY USERS OF ARTIFICIAL
                          INTELLIGENCE SYSTEMS


                                      BRIDGET  WATSON'

ABSTRACT

        With the rise of artificial intelligence, courts must
consider the legal implications of the rise of such systems.
One  of these implications is possible patent infringement by
a  system  of artificial intelligence. Systems capable of
creating new  inventions already exist but courts have no
guidance  to determine liability for infringement should an
artificial intelligence system infringe a patent-protected
invention. For example, ifParty A sells a system ofartificial
intelligence to Party B and the system infringes on a third
party's patent, courts must determine the liable party.
        This Note provides an interim contractual solution
for  the  issue of liability when  multiple parties  have
involvement in a single system of artificial intelligence. The
proposed   solution includes contractual language  to  be
included in a contract between the parties. For the selling
party to hold the buying party harmless for infringement, the
buying  party must  meet  three requirements.  First, the
buying party must implement  software updates provided by
the selling party. Second, the buying party must notify the
selling party of any known   new  methods created  by the
system ofartificial intelligence. Third, the buying party must
not cause infringement in bad faith. Requiring the buying
party to implement the above three requirements in order to

II extend my deepest thanks to Professor Brenda Simon for graciously
advising me throughout the writing process. I would also like to thank
Jennifer Martin and Briana Givens for their feedback and edits.


Volume  58 - Number  1

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