Brain interfacing is gaining traction now since Elon Musk’s investment in Neuralink, a project with the mission to develop a brain-computer interface (BCI)  that improves human communication in light of Artificial Intelligence. In addition, Facebook also has plans for a game-changing BCI technology that would allow for more efficient digital communication.

While brain interfacing technology can boost creativity since it has the ability to enhance the human brain, such technology, however, also decentralises the autonomy of an individual in his innovation and creation. And with both copyright and patent law founded on the principles of protecting the creativity and innovation of an individual who produces or invents something, what might this mean for our intellectual property systems?  Would current patent requirements make sense? Would the existing system still serve its purpose of “promot[ing] the progress of science and useful arts”?

Carl Kukkonen, who has more than 20 years of experience in strategic intellectual property counselling, technology transactions, and litigation, sheds light on this new technology, and how it can affect our patent system. 

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