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AI systems can’t patent inventions, US federal court confirms

AI systems can’t patent inventions, US federal court confirms

 


The US Federal Circuit Court has confirmed that AI systems cannot patent inventions because they are not human beings.

The ruling is the latest failure in a series of fanciful legal battles by computer scientist Stephen Thaler to protect and patent the output of various AI software tools he has created.

In 2019, Thaler failed to copyright an image on behalf of an AI system he dubbed Creativity Machine, a decision upheld on appeal by the US Copyright Office in 2022. In a parallel case, the US Patent Office ruled in 2020 that the Thalers AI system DABUS could not be a legal inventor because he was not a natural person, this decision being later upheld by a judge in 2021. However, the federal circuit court has, a once again confirmed this decision.

Law is clear, says court: only people can hold patents

Writing in the opinion of the courts, Judge Leonard P. Stark notes that at first glance, one might think that the resolution of this case would require an abstract inquiry into the nature of the invention or the rights, if any, of the AI systems. However, says Stark, such metaphysical questions can be avoided by simply analyzing the language of the relevant law: the Patent Act.

The Patent Act clearly states that only human beings can hold patents, Stark says. The statute refers to patentees as individuals, a term which the Supreme Court says usually means a human being, a person (depending on how we use the word in common parlance); and uses personal pronouns itself and itself throughout, rather than terms such as itself, which Stark believed would allow non-human inventors to read.

Laws are often open to several reasonable readings. Not so here, writes Stark. This is a case in which the issue of statutory interpretation begins and ends with the plain meaning of the text… [T]there is no ambiguity: the Patent Law requires inventors to be natural persons; i.e. human beings.

The decision confirms the status quo of AI patent law in the United States and reinforces what is slowly consolidating as international legal opinion. The EU patent office and the Australian High Court have issued similar rulings in recent years (although in Australia a federal court initially ruled in favor of AI patent holders).

According to BloombergLaw, Thaler plans to appeal the circuit court ruling, with his attorney, Ryan Abbott of Brown, Neri, Smith & Khan LLP, criticizing the courts’ narrow, text-based approach to patent law.

Abbott told the publication, “He ignores the purpose of the Patent Act and the result that AI-generated inventions are no longer patentable in the United States. This is a result with real negative social consequences.

Sources

1/ https://Google.com/

2/ https://www.theverge.com/2022/8/8/23293353/ai-patent-legal-status-us-federal-circuit-court-rules-thaler-dabus

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