The top U.S. patent court has confirmed what many were expecting in the patent community that artificial intelligence (AI) is not considered an individual according to the Patent Act and thus AI cannot be named as an inventor on a patent.
The courts ruling was the latest roadblock encountered by Dr. Stephen Thaler, who filed patent applications in several jurisdictions on a technology developed by the Autonomous Bootstrapping of Unified Sentience (DABUS) an AI system created by Dr. Thaler that mimics the neural network of a human brain. These patent applications were filed as part of the Artificial Inventor Project and were focused on protecting two inventions that were conceived by DABUS without human intervention. As such, Dr. Thaler listed DABUS as the sole inventor.
Initially, the Patent Office denied the applications as failing to list a human inventor, relying on a provision of the Patent Act that defines an inventor as the individual . . . who invented or discovered the subject matter of the invention. According to the Patent Office, the current statutes, case law, and Patent Office regulations all limit inventorship to a human and preclude a broad interpretation that would encompass an AI machine.
In September 2021, a federal court in Virginia agreed with the Patent Office. The court provided a glimpse of hope for the future, however, stating [a]s technology evolves, there may come a time when artificial intelligence reaches a level of sophistication such that it might satisfy the accepted meaning of inventorship. But that time has not yet arrived, and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.
On appeal, the top patent court (The Court of Appeals for the Federal Circuit) confirmed that only humans can be considered inventors under current U.S. patent laws. The decision focused on whether AI could be listed as the sole inventor and did not address instances in which humans use AI to assist with conception of an invention. As such, we may see additional litigation on the latter issue involving parties attempting to invalidate a patent based on improper inventorship.
The Federal Circuit decision only reinforces what has been decided in foreign jurisdictions. Europe and the UK have taken a similar position on AI and inventorship, although Europe has indicated that it may be possible to name the AIs user or owner as the inventor instead. Australia initially seemed to allow for AI to be an inventor, but an Australian court overturned this position in April 2022. South Africa the only jurisdiction in which patents have been granted to DABUS does not substantively review patent applications and, therefore, provides little guidance on this issue.
For now, the legal systems of the world seem to agree that AI cannot be listed as an inventor on a patent application. Although it appears that Dr. Thaler intends on appealing the decision to the Supreme Court, the outcome is not expected to change. Instead, these decisions show that legislative action will be needed to adapt the current patent laws to the quickly evolving world of AI. In the meantime, industries that rely on AI should continue involving humans in the inventive process to ensure that the inventorship includes at least one individual according to current patent laws.
[View source.]
Follow this link:
Artificial Intelligence and Inventorship: An Expected Decision with Uncertain Consequences - JD Supra
- When You Look Back in 5 Years, You'll Wish You'd Bought This $3 Trillion Artificial Intelligence (AI) Stock - The Motley Fool - May 6th, 2024
- Comments to the Competition Bureau Canada on Artificial Intelligence and Competition in Canada - Center for Data Innovation - May 6th, 2024
- Enhancing Musculoskeletal Injection Safety: Evaluating Checklists Generated by Artificial Intelligence and Revising the ... - Cureus - May 6th, 2024
- These 3 Artificial Intelligence (AI) Stocks Could Crush the Market for the Rest of the Year - Yahoo Finance - May 6th, 2024
- HHS shares its Plan for Promoting Responsible Use of Artificial Intelligence in Automated and Algorithmic Systems by ... - HHS.gov - May 6th, 2024
- Why IT firms are treating artificial intelligence as a poisoned chalice | Mint - Mint - May 6th, 2024
- Using Artificial Intelligence To Think Outside The Box - Forbes - May 6th, 2024
- The Radicalization (and Counter-radicalization) Potential of Artificial Intelligence - International Centre for Counter-Terrorism - The Hague - May 6th, 2024
- How Artificial Intelligence Is Making 2000-Year-Old Scrolls Readable Again - Smithsonian Magazine - May 6th, 2024
- Ready to Invest in Artificial Intelligence in 2024? 2 Stocks to Buy and Hold for Decades (Hint: They're Not Nvidia) - The Motley Fool - May 6th, 2024
- Nvidia and a FTSE 100 fund own a 10% stake in this $8 artificial intelligence (AI) stock - Yahoo Finance UK - May 6th, 2024
- Meet the Newest Artificial Intelligence (AI) Stock in the S&P 500. It Soared 1700% in 2 Years, and Wall Street Says the ... - Yahoo Finance - May 6th, 2024
- OPINION: Artificial intelligence, the usefulness and dangers of AI - Coast Report - May 6th, 2024
- Presenting the First-Ever AI 75: Meet the Most Innovative Leaders in Artificial Intelligence in Dallas-Fort Worth - dallasinnovates.com - May 6th, 2024
- Amazon sales soar with boost from artificial intelligence and advertising - The Guardian - May 6th, 2024
- 1 Hot Nasdaq Stock to Buy Hand Over Fist Before It Soars at Least 25% Thanks to the Artificial Intelligence (AI) Boom - Yahoo Finance - May 6th, 2024
- Here's My Favorite Artificial Intelligence (AI) Stock, and It's Not Nvidia - The Motley Fool - May 6th, 2024
- 1 Magnificent Artificial Intelligence (AI) Semiconductor Stock to Buy Before It Soars Higher - The Motley Fool - May 6th, 2024
- 3 Stocks Poised to Profit from the Rise of Artificial Intelligence - InvestorPlace - May 6th, 2024
- Senate Hearing on Digital Replicas and Artificial Intelligence Concerns - C-SPAN - May 6th, 2024
- Missed Out On the Run-Up in Artificial Intelligence (AI)? Here's the Next Big Trend Investors Need to Know About -- and ... - The Motley Fool - May 6th, 2024
- What is Artificial General Intelligence (AGI), and why are people worried about it? - The Indian Express - May 6th, 2024
- Here Are My 3 Top Artificial Intelligence (AI) Stocks to Buy Right Now - The Motley Fool - May 6th, 2024
- Super Micro Computer Stock Plummeted Today -- Is This a Chance to Buy the Explosive Artificial Intelligence (AI ... - Yahoo Finance - February 17th, 2024
- Artificial Intelligence The Good, The Bad The Future | NAVEX - JDSupra - JD Supra - February 17th, 2024
- UPenn to Launch Bachelor's Degree in Artificial Intelligence - Government Technology - February 17th, 2024
- Using artificial intelligence to detect and treat heart disease in the U.K. - CBS News - February 17th, 2024
- Think You Missed Out on Nvidia? 1 Artificial Intelligence (AI) Stock to Buy Before It Jumps. - Yahoo Finance - February 17th, 2024
- Can I Protect Something That I Created Using Artificial Intelligence? | Daily Business Review - Law.com - February 17th, 2024
- How OpenAI, Meta and other tech giants plan to combat artificial intelligence election interference in 2024 - New York Post - February 17th, 2024
- Bipartisan bills on artificial intelligence and sex trafficking pass Assembly - Wisconsin Examiner - February 17th, 2024
- Nvidia Has Invested in Arm Holdings and a Few Other Artificial Intelligence (AI) Stocks -- Should Investors Follow? - Yahoo Finance - February 17th, 2024
- Artificial intelligence scams: Put AI to the test during dating with these tips from Feedzai's Andy Renshaw - KTRK-TV - February 17th, 2024
- How Mass. is using artificial intelligence - and what's next - Cape Cod Times - February 17th, 2024
- What is Artificial General Intelligence (AGI) and Why It's Not Here Yet: A Reality Check for AI Enthusiasts - Unite.AI - February 17th, 2024
- From game footage to great footage with computer vision and other artificial intelligence tools - Tech Xplore - February 17th, 2024
- The Psychology Of AI Credibility How and Why People Trust Artificial Intelligence More Than Human Sources - CIO Applications - February 17th, 2024
- I have a Master's in Artificial Intelligence. I'm leaving the tech industry. - The Smart Set - February 17th, 2024
- Nvidia Has Invested in Arm Holdings and a Few Other Artificial Intelligence (AI) Stocks -- Should Investors Follow? - The Motley Fool - February 17th, 2024
- 3 Artificial Intelligence (AI) Stocks to Buy With $500 and Hold Forever - Yahoo Finance - February 17th, 2024
- Artificial Intelligence: The Future of Technology and its Implications - Medium - February 17th, 2024
- 3 Artificial Intelligence (AI) Stocks That Can Plunge 43% to 88%, According to Select Wall Street Analysts - The Motley Fool - February 17th, 2024
- Should Nvidia Be Afraid of Amazon's Artificial Intelligence Chip Ambitions? - Yahoo Finance - February 17th, 2024
- History Says the Nasdaq Will Surge in 2024: 3 Artificial Intelligence (AI) Stocks to Buy Before It Does - The Motley Fool - February 17th, 2024
- Dan Ives Sees Over 40% Upside in This Artificial Intelligence (AI) Stock. Time to Buy? - The Motley Fool - February 17th, 2024
- Here's the Only Artificial Intelligence (AI) Stock That Billionaires Bill Ackman and David Tepper Both Own - Yahoo Finance - February 17th, 2024
- Stolen Voices: How phone scammers are using artificial intelligence to create copies of loved ones voices - Cleveland 19 News - February 17th, 2024
- Video The Year 2023: Artificial Intelligence - ABC News - December 28th, 2023
- Is artificial intelligence about to free us from the curse of Babel? - New Scientist - December 28th, 2023
- The Corporate University in the Age of Artificial Intelligence - CounterPunch - December 28th, 2023
- What Is Artificial Intelligence (AI)? - Council on Foreign Relations - December 28th, 2023
- History Says the Nasdaq Will Soar in 2024: 1 Artificial Intelligence (AI) Growth Stock to Buy Before It Does - Yahoo Finance - December 28th, 2023
- Artificial intelligence was all the rage in '23, as were concerns about where it is headed - Deseret News - December 28th, 2023
- Why Are the "Magnificent Seven" So Magnificent? Hint: Artificial Intelligence - The Motley Fool - December 28th, 2023
- Missed Out on Nvidia? Buy This Magnificent Artificial Intelligence (AI) Stock Before It Soars At Least 45% in 2024 - Yahoo Finance - December 28th, 2023
- Arguing the Pros and Cons of Artificial Intelligence in Healthcare - HealthITAnalytics.com - December 28th, 2023
- Artificial Intelligence in the Workplace - SHRM - December 28th, 2023
- The Enormous Dangers of Military Artificial Intelligence Reveal the Need for International Regulation - GlobalSolutions.org - December 28th, 2023
- Law enforcement increasingly enlists artificial intelligence to fight crime - Washington Times - December 28th, 2023
- History Says the Nasdaq Could Soar in 2024: 2 Artificial Intelligence (AI) Stocks Could Join Apple and Microsoft in the ... - The Motley Fool - December 28th, 2023
- Artificial Intelligence taking over jobs | The DONG-A ILBO - - December 28th, 2023
- Inside the massive boom of artificial intelligence in 2023 - TODAY - December 28th, 2023
- This Blue Chip Artificial Intelligence (AI) Stock Is a Buy for 2024 - The Motley Fool - December 28th, 2023
- Parents divided over the role of artificial intelligence in children's education - The National Desk - December 28th, 2023
- Investing in Artificial Intelligence (AI) Stocks Can Be Risky, but Here's a Magnificent Way to Do It - The Motley Fool - December 28th, 2023
- Cathie Wood's 3 Best Artificial Intelligence (AI) Stocks This Year: Are They Good Picks for 2024? - The Motley Fool - December 28th, 2023
- Airbnb using artificial intelligence to crack down on New Year's Eve parties - NBC Bay Area - December 28th, 2023
- What Is Artificial Intelligence? From Software to Hardware, What You Need to Know - ExtremeTech - December 28th, 2023
- Artificial Intelligence Has Entered the Resale Market - ELLE - December 28th, 2023
- Here's the Company Pushing Toward the Next Big Advancement in Artificial Intelligence. And Its Stock Is Dirt Cheap. - The Motley Fool - December 28th, 2023
- Hype and hazards: Artificial intelligence is suddenly very real - Washington Times - December 28th, 2023
- Why Are the "Magnificent Seven" So Magnificent? Hint: Artificial Intelligence - The Globe and Mail - December 28th, 2023
- Will an artificial device be able to equal the intelligence of the human brain? - EL PAS USA - December 28th, 2023
- Chess game: How cyberattacks and artificial intelligence are evolving - WVLT - December 20th, 2023
- Introducing the National Artificial Intelligence Policy for Rwanda - ICTworks - December 20th, 2023
- Accelerating Innovation: Open-source Software, Artificial Intelligence, and the Auto Industry - JD Supra - December 20th, 2023
- 3 "Magnificent Seven" Artificial Intelligence (AI) Stocks Will Leapfrog Apple to Join the $3 Trillion Club, According to 1 ... - The Motley... - December 20th, 2023
- NIST Calls for Information to Support Safe, Secure and Trustworthy Development and Use of Artificial Intelligence | NIST - NIST - December 20th, 2023
- Experts Call for More Diversity to Combat Bias in Artificial Intelligence - San Diego Voice and Viewpoint - December 20th, 2023
- 2 Top Artificial Intelligence Stocks That Could Make You Richer in 2024 - The Motley Fool - December 20th, 2023