US judge ruled that only humans, not AI, can obtain patents
Big picture: This week, a US judge ruled that artificial intelligence could not be included in the list of patent inventors. This decision is the latest on an issue that has been considered by judges in many countries.
A court in Alexandria, Virginia, ruled that inventions can only be patented in the name of an “individual”. V solution was directed against someone who was trying to list two designs called AI as part of a broader project to ensure worldwide acceptance of AI-based inventions.
CEO of Imagination Engines, Inc. Stephen Thaler created an AI called DEBUS, who independently developed a new type of drink holder and flashing light (they used to attract someone’s attention). The name “DEBUS”, along with “invention created by artificial intelligence”, was used in an attempt to file a patent for an invention. The DEBUS creator will hold the patents.
The decision states that inventors must take an oath and a declaration in order to obtain a patent. Instead Thaler issued a statement saying that the only inventor was a “creative machine” with no legal personality or ability to carry out oaths and declarations.
Thaler created DEBUS as part of Artificial inventor (AIP), which is trying to obtain patents for inventions created by artificial intelligence around the world. He has already obtained patents in South Africa and Australia… They are also trying to get them in countries such as Canada, Japan, South Korea, Great Britain, Brazil and others.
United States Patent and Trademark Office (USPTO) decided in 2019, words that Congress uses to describe inventors, such as “individual,” “himself,” or “herself,” refer to people. The USPTO also noted that the CFR repeatedly describes the inventor as a “person”. This week’s ruling confirms the 2019 USPTO ruling.
AIP member and law professor Ryan Abbott told Bloomberg via email that they were planning address the decision of the US court.