EXPLORING SOFTWARE PATENT AS A POSSIBLE SOLUTION TO ALGORITHM’S LACK OF TRANSPARENCY

Abstract

This article examines the possibility of solving the opacity of algorithms through patent law. The opacity of algorithms necessitated attempts at making it more transparent and preventing intentional secrecy, breach of privacy, discriminatory and biased decisions attributed to it, etc. As part of intellectual property rights, patent protection can solve or minimize these issues. The article first looks at algorithms’ meaning, the associated issues, and the patentability of algorithms under European laws, the USA, and Asia. Artificial intelligence (AI) and its algorithms are primarily protected under trade secrets. However, protection under trade secrets amplifies this lack of transparency by allowing for the nondisclosure of how an algorithm operates, making it more difficult to solve the problems identified with algorithms. Instead, this article offers the option of patenting as a better alternative, not just as means to solving the issues associated with an algorithm, but as means to promote invention and innovation.