Who would have thought that the seldom witnessed science fiction movies introducing virtual augmented reality and deduction of data directly from the brain would be a part of the present reality affecting, or rather disrupting, every possible field of science extending to not just gaming and entertainment but also sectors like health care, nature conservation, natural security, and defense?
Intellectual Property Rights (IPRs) have a profound impact on the nature of rights exercised while safeguarding such inventions and also on the enforcement of these rights when infringed. However, there are still certain black boxes in the law that need to be addressed to cope with the technical and scientific developments that we shall be discussing in the later segments of this article.
Brain interfacing can be categorized into three parts, invasive, partially invasive, and non-invasive. Magnetic Resonance Imaging (MRI) and Electroencephalography (EEG) scans are the most common examples of non-invasive brain-computer interfaces. Endovascular scans are partly invasive, and the invasive brain-computer interface can be seen in Microelectrode Arrays (MEAs) devices.
Now all the above-cited theory is mostly medical science, simplified for the understanding of a man of ordinary prudence. However, what needs to be brought to attention is the medical revolution backed by such powerful technology. Therefore, let us look at this technology from an angle of IPRs to understand the apparent protections and hidden deficits in law.
Technology and IPRs are the two scales to maintain the balance of rights in favor of the proprietor. Let us consider the various alternatives IPRs provide us with:
Very recently, Ford filed for a patent with the USPTO (US Patent and Trademark Office) for their brain-machine interface, which can anticipate and keep track of steering, acceleration, and applying brakes that allows the system to be later fed into the car’s driver-assist systems. It would substitute the usual manual driving experience since the brainwave activity will be captured to predict the driver’s next move. It is with the aid of a sensor-laden cap that the driver is required to wear for being able to read and monitor brain activity.
Even Microsoft has applied for a patent that is an interface enabling your brain to actually ‘think’ and function on a computer by not tapping any keys or clicking any buttons on the device.
The most crucial forms of protection for such technology include copyright and patent as they support the foundation of innovations, i.e., their creative elements. For protecting the same, it is necessary to decide on the true and first inventor. The issue gets conveniently resolved when we talk about the basic invention enabling the brain and computer interaction. The issue here lies when as a result of such an interaction, which may or may not involve human intervention, it becomes arduous to categorize the inventor as many jurisdictions dotted on the map do not recognize a non-human entity to be an inventor. Therefore, a strict standard of burden of proof must be adhered to, tilting the balance towards the individual to ascertain whether the contribution is substantial and man-driven. Hence, the blank space in law not addressing the elephant in the room being AI as a creator has resulted in an attitude favoring corporate ownership of such creative works.
Therefore, what is essential is that the Patent Law must foster provisions and provide robust protection for safeguarding works utilizing AI in brain interfacing to safeguard them since the development of science and technology, specifically AI garnered creative inventions, are an inevitable part of the future. It is important since, in today’s time, many inventions are a result of AI. They are now being made while ensuring that they have self-learning and adaptive capabilities, individual and autonomous thinking patterns, etc., like any human being.
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