The Potential Applicability of Artificial Intelligence and Automation in Trademark Prosecution.

Abstract

The introduction of Artificial Intelligence (“AI”) and automation has sparked debates about the marvels of alternative consciousness rivalling humans. Though in its nascent stages of development, AI showcases the potential for real-life applications like in the field of trademark prosecution. In recent years, pendency in the Trademark Registry has been growing alarmingly with the prevalence of such pendency in every prosecution stage. To clear such pendency and backlog, the Government of India was pushed to outsource the tasks associated with trademark prosecution. However, it merely provided a temporary and superficial solution for a deep and pervasive issue. This only served to as a temporary measure to keep the actual issue at bay due to short contractual periods, limited time for getting acquainted with the setup, lack of expertise, and scanty opportunity for training. Erroneous and faulty processing of applications led to an increase in turnaround time and eventually decisions taken by the outsourced officials were invalidated by the Calcutta High Court for lack of authority. At this juncture, integration of AI and automation in the prosecution process would prove to be a boon, however, it requires a shift from the Average Consumer Standard to a new AI Standard alongside empirically testing its desirability among stakeholders.