In an AI-driven world, intellectual property must be future-oriented to support scientific progress while protecting intellectual property right holders.
In her recent article for the Kluwer Patent Blog, Joana Piriquito Santos reflects on the evolving intersection between copyright and patent law, particularly in the context of artificial intelligence (AI) and data-driven research. While the copyright framework in the EU has introduced specific exceptions for text and data mining (TDM) that facilitate AI-related research, the research exemption in patent law—particularly under Article 27(b) of the Unified Patent Court Agreement (UPCA)—remains vague offering little guidance or safeguards for either researchers or patentees.
The article explores how the TDM exception under the DSM Directive could serve as a model for rethinking the patent research exemption. Key elements include clear definitions, safeguards for rightsholders, and an acknowledgment of the role of AI in scientific progress. Joana argues that a similarly structured and harmonised approach in patent law could provide much-needed clarity and legal certainty—especially as traditional boundaries between research and commercial use become increasingly blurred in the AI era.
