Technically, yes, Artificial Intelligence can invent; however, AI cannot be named as an inventor on a patent application in the United States. Why not you ask? Great question.
The U.S. Patent and Trademark Office (USPTO) just recently released new guidance on patent inventorship and how inventorship is analyzed for inventions that may have received assistance from any one or more AI platforms. Keep in mind that there is a distinction between (a) a product or system that uses AI in its implementation and (b) a product or system that was created, in part or entirely, by an AI platform. It is the second scenario that is the subject of this article.
The USPTO guidance report states that an analysis of inventorship should focus on the human contribution, as patents function to incentivize and reward human ingenuity. Regardless of the technology used as a tool in the invention-creation process, the inventorship analysis focuses on the human contribution to the conception of the invention.
In other words, the USPTO confirms that, in the United States, Artificial Intelligence cannot be named as an inventor on a patent application – that title and role is reserved for humans under the U.S. patent laws. Will this change over time? Consider how other countries have applied this very same dilemma – South Africa Grans a Patent With an Artificial Intelligence (AI) System as the Inventor – World’s First!!
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