Can Artificial Intelligence Be Named a Patent Inventor?
Can AI Invent? Patent Applications List Artificial Intelligence as an Inventor
As artificial intelligence continues to grow and develop, one question to ask is how long before an artificial intelligence is an inventor on a patent? Currently, it appears the answer depends on where you live.
DABUS Is AI With Patent Applications in Various Countries
Dr. Stephen Thaler has filed two different patent applications, “Food Container” and “Devices and Methods for Attracting Enhanced Attention”, a light emitting device, naming and Artificial Intelligence known as DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) as the inventor. Dr. Thaler filed these two applications in the U.S., the UK, South Africa, the EU, and Australia.
Currently, South Africa is the only country that has granted DABUS, and Dr. Thaler, a patent on the applications. South Africa, however, does not have substantive examination for patents and does not define “inventor” (a problem facing DABUS in other countries) so the effects of this grant may be overall limited. There is also still a chance for DABUS to receive a patent in Australia, as the Australian Federal court recently rejected the Australian Patent Office’s rejection of the application and ordered them to examine the application on the merits.
Countries Answer “No” to Can AI Invent Question Due to Definition of “Inventor” in Statutes
The United States, United Kingdom, European Union, and Germany have all rejected the two applications. In the various countries, the term “inventor” is defined in relevant statutes as a human, therefore excluding applications attributed to an artificial intelligence. One other problem facing the applications, in the U.S. at least, is that while DABUS is listed as the inventor, Dr. Thaler is listed as the Applicant and Assignee, raising a question of assignment. In September a federal judge for the Eastern District of Virginia filed a memorandum in an appeal filed by Dr. Thaler stating that “the plain statutory language of the Patent Act and Federal Circuit authority” have clearly stated that in the United Stated patent application inventorship is limited to natural persons. Dr. Thaler and DABUS have faced similar court ruling in other countries on appeal.
The case of DABUS raises a question of how close society might be to accepting inventions created by artificial intelligence, and how close patent offices may be to the same acceptance. As artificial intelligence systems continue to evolve and progress, the question of autonomy of these systems and how far they must go to be recognized for inventorship are something to keep an eye on.
Key Takeaways on the Question: Can AI Invent?
Dr. Stephen Thaler filed patent applications in the U.S., UK, South Africa, EU, and Australia, naming the AI known as DABUS as the inventor forcing different jurisdictions to answer the question of whether AI can invent for patenting purposes, with:
the U.S., EU, UK, and Germany declaring inventors must be “natural” or “human” and denying such inventorship;
South Africa granting a patent in the name of DABUS; and
Australia reviewing the application on the merits, but yet to determine whether AI will be allowed to be the inventor.
Related post: Court Agrees Patent Inventor Can’t Be Artificial Intelligence
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