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U.S. IP Reform Needed to Prepare for AI Era
America has been the undisputed global leader in science and technology over the past century. But this global order is in flux. China's extensive investments and years of strategic planning — including strengthening its intellectual property regimes — has enabled it to catch up to, and in some areas surpass, our capabilities in artificial intelligence (AI) and other emerging technologies. Congress is mulling over legislative proposals to counter China's economic and geopolitical ambitions for technological dominance and President Biden is getting ready to announce a national AI strategy. IP reform must be a part of this sea change to ready the United States for the AI era.
The newly emerging technologies are vastly different from technologies of the past. AI provides computers the ability to learn on their own and make decisions that have traditionally required human intelligence. And when combined with other emerging technologies, its power will be truly dramatic. Quantum computers, for example, which are based on the behavior of energy and materials on the atomic and subatomic levels, can be millions of times faster than current classical computers. Just imagine military equipment driven by artificial intelligence and operated by quantum computers. The country that gains the lead in these technologies will enjoy towering national security advantages, including in economic and military power.
For the United States to maintain its technological edge, we must encourage Americans to make more discoveries in AI and other emerging technologies. This in turn requires providing strong intellectual property (IP) rights to incentivize and protect the huge investments required to make those discoveries. China's President Xi Jinping recognizes the critical role IP plays in innovation and ultimately national security, and has underscored its importance to new fields such as big data, artificial intelligence and genetic technology. The irony is that China relentlessly steals IP from the United States, while simultaneously working to strengthen its own IP system. China now reliably issues patents on cutting-edge technologies, provides injunctions for infringement of patented inventions, and has created specialty IP courts with procedures and rules similar to those of Western courts. China's AI patenting has increased dramatically in the past few years and is distributed broadly across its companies, government organizations, and universities, while U.S. patenting on AI comes mostly from large companies. On the international stage, China uses its IP policies to attract innovation to its borders and influence the adoption of its technologies as global standards.
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