Judge “Artificial Intelligence (AI) is not a human being, so he cannot be the inventor of a patent”

Judge “Artificial Intelligence (AI) is not a human being, so he cannot be the inventor of a patent”

A little relieved (?) Judgment was issued to human beings who feel that artificial intelligence (AI) is a threat. A US judge has ruled that AI will not be recognized as the inventor of a patent.

Judge Leonie Brikema of the US federal court ruled that AI cannot be registered as the inventor of a US patent under current law . This is a trial brought by Stephen Thaler, a member of the Artificial Inventor Project , which argued whether AI could be a patent inventor. By the way, if the AI ​​is OK, the owner of the AI ​​will legally own this patent.

The proceedings began when the name of AI “DABUS” was entered in the patent application documents as the inventor of the newly developed flashlight and beverage package. The US Patent and Trademark Office rejected this application because it was not an inventor because the machine was not a human being.

The key to Judge Brikema’s decision was the word “individual.” In the latest version of the US Patent Law, which was updated in 2011, the inventor is “individual,” and the text uses the synonym “he / she.” Along with this, verbs such as “believes” are in the third person singular. Judge Brikema pointed out this and concluded that “individual” in patent law is a sentence intended for humans. Congress also rejected Thaler’s appeal asking the Patent Office to provide evidence that it did not intend (or did not want to) exclude AI from its inventors.

Thaler commented on the decision: “I think that patenting AI inventors will bring about more innovation. By increasing the value of products, I think it will stimulate AI development to create patentable products. Without protecting the patents of AI inventors, we will not be able to support inventions of social value and may damage the patent system itself. “

According to Bloomberg’s interview , Professor Ryan Abbott, who oversees the Artificial Inventor Project, said he would appeal. Regardless of whether this decision is reversed, it cannot be said that AI may become a patent inventor in the future. Judge Brikema also says that it is under the current law .

Judge Brikema said: “With the development of technology, the time may come when the knowledge and education level of artificial intelligence will reach a sufficient level as an inventor. It was not the time yet, but if so, the scope of patent law. It’s up to Congress to decide whether to expand and how to expand it.”

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