The Generative AI Patent Landscape Report by WIPO is Misleading

From Abhivardhan, our Chairperson

Yes, this infamous World Intellectual Property Organization – WIPO GenAI Landscape graph featuring number of patents filed and number of scientific publications published is misleading. Many bought into the narrative of this graph, unfortunately.

It makes no sense. Let me help then.

I have analysed the WIPO-EconSight Generative AI Patent Landscape report from a legal perspective at https://www.indicpacific.com/post/the-generative-ai-patentability-landscape-examining-the-wipo-report

AI inventors and innovators must read this insight deeply, for simple reasons.

1️⃣ The WIPO Report is still substandard in terms of its estimations, and in many sections of the report, too many colourable and misleading statements around Generative AI have been referred to, for example, on technical deliverables, the quantum of how patentability plays out in a clarified sense and others.

2️⃣ The honest and reasonable aspect of this report is that WIPO and EconSight acknowledge the limitations in their report, especially on patent analysis, features of patentability, technical categorisation of Generative AI and the interplay of technical purpose & use cases of Generative AI.

3️⃣ 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 because the AI patentability landscape is still developing, and individual countries are establishing their own legal frameworks, positions, and case law on the subject.

4️⃣ AI Patentability issues are serious because of unclear by-laws, technology transfer & licensing policies of companies filing patents around #GenAI or any #AI. Most people in the law, and tech fields might mislead you by stating that anything goes. However, it will bite back and could affect many startups, MSMEs and research labs.

Our purpose at Indic Pacific Legal Research LLP is clear: we do not intend to mislead anyone. Our intent is to help technology professionals and teams, to understand how market practices and contractual practices change the dynamic of legal issues around AI and Intellectual Property Law.

I hope this long read helps all. In case you have any questions, you can always contact me or us at vligta@indicpacific.com.

We have also launched an interesting Artificial Intelligence and Intellectual Property Law Training Programme at https://www.indicpacific.com/challenge-page/aiip101?programId=89e7d2a3-213d-4231-8cc9-291d114fff3c.

You must check this out. Have a great weekend.

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