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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