News and Analysis of Artificial Intelligence Technology Legal Issues
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The Role of Explainable Artificial Intelligence in Patent Law

Although the notion of “explainable artificial intelligence” (AI) has been suggested as a necessary component of governing AI technology, at least for the reason that transparency leads to trust and better management of AI systems in the wild, one area of US law already places a burden on AI developers and producers to explain how their AI technology works: patent law.¬† Patent law’s focus on how AI systems work was not borne from a Congressional mandate.¬†Rather, the Supreme Court gets all the credit–or blame, as some might contend–for this legal development, which began with the Court’s 2014 decision in Alice…