Trademark Prosecution: Let’s ‘Zoom in’ on Automation and Artificial Intelligence

Artificial intelligence or “AI” is defined as the theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages [1]. 

AI is charting out a course of its own in the Indian IP landscape playing an increasingly important role in the Indian legal system. It has become a part of how lawyers function, adopted by a diverse array of clients and even caters to improving the contours of judicial process. Nowadays, AI is used for research purposes, identifying stored information and collection of data as well as reviewing and analyzing documentation to minimize the risks involved.

AI applications are being increasingly deployed in IP Administration. For example, in the trademark field, IP offices are implementing a range of AI technologies for trademark searching, trademark examination and stakeholder interactions with the aim of improving the efficiency and consistency of the handling and processing of trademark registrations. WIPO’s Brand Image Search is one example of an AI tool that can be used for trademark searching in trademark prosecution [2]. However, currently in India, legal professionals are struggling to keep up with the technological advancements inherent in AI — grappling with the idea and elements of how AI actually works in addition to understanding its pros and cons

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