Can a robot create IP and own it?

Sounds like a silly question right? But a new paper by WIPO (World Intellectual Property Organisation) on ‘Robotics, innovation and intellectual property’ argues that it is one of the fundamental questions thrown up by the emergence of robotics innovation. As the paper notes,

A question that cannot yet be considered settled law in any nation, but for which IP practitioners around the globe may soon face, is whether IP can be created by a robot, and if so, who owns IP created by a robot?

While there’s a lot of work out there on the Intellectual Property (IP) issues related to biotech, nanotech, pharma, etc., this is probably the first report that looks at robotics innovation and IP. I met one of the co-authors of the paper, Sacha, during a recent visit to WIPO last month, and found him to be an extremely interesting economist looking at innovation – there aren’t many of them around yet.

 In other insights contained in the report, something that jumps out strongly is the extent to which East Asian countries are leading the robotics space. Just look at the Top 10 patent filers in robotics globally – ALL are from East Asia – predominantly China. If you exclude China, still, 8 out of 10 institutions are from East Asia (the other two are German). Strikingly, of those 8, 6 are from South Korea.

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