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USPTO Declares AI Cannot Legally Be Recognized as an Inventor

Home AI News USPTO Declares AI Cannot Legally Be Recognized as an Inventor

Updated on November 10 2024

    Artificial intelligence has numerous applications, but inventing devices is not one of them—at least according to the US Patent and Trademark Office (USPTO). The agency recently ruled on two patent applications for inventions created by an AI system, concluding that only humans can be recognized as inventors.

    The inventions in question—a safety flashlight and a shape-shifting drink container—were designed by a system known as DABUS. The Artificial Inventor Project (AIP) submitted the patent applications last year on behalf of DABUS's creator, Stephen Thaler. AIP's lawyers argued that, due to Thaler's lack of expertise in these product areas, DABUS should be credited as the inventor.

    However, the USPTO rejected this argument, stating that US patent law requires inventors to be "natural persons." The agency emphasized that terms like "whoever" in the legal language pertain exclusively to humans. Similarly, the UK Intellectual Property Office and the European Patent Office had previously dismissed AIP applications on akin grounds, even while acknowledging the inventions' patentability.

    Importantly, the ruling made no indication that DABUS itself could ever receive patents. Thaler remains the applicant, as the AIP asserts on its website: "Machines should not own patents. They lack legal personality and independent rights, and therefore cannot own property."

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