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HomeNEWSCould an AI patent its creations? • ENTER.CO

Could an AI patent its creations? • ENTER.CO

There are currently hundreds of Artificial Intelligence (AI) algorithms, machines, and websites, each designed for a unique purpose. For example, we recently met DALL.E, an AI that designs images based on the indication given to it. Just like this one, there are hundreds of AIs dedicated to creation, creation of other machines, scientific inventions, artistic designs, etc. Faced with such a situation, Stephen Thaler, an American scientist, believes that AIs should have the possibility of patenting their creations.

Thaler is the creator of a system called DABUS, which has the ability to make inventions through artificial intelligence. The scientist filed the petition in front of a court in the American country, however, it was denied by Judge Leonie Brinkema in 2021. Now, the judge, Leonard Stark, ratified the judge’s decision again a few days ago.

And it is that the court remains in not allowing AIs to patent their creations because only humans are recognized as inventors. Said like this, both judges have argued that: if he is not a natural person, he is not an inventor. For the magistrate, what the United States Patent Law stipulates is so clear that he does not need further analysis.

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“Statutes are often open to multiple reasonable readings. Not so here. This is a case where the question of legal interpretation begins and ends with the plain meaning of the text. In the Patent Law, “individuals” (and therefore “inventors”) are unequivocally natural persons. Consequently, we have no need to consider additional legal construction tools,” Justice Stark explained.

Thaler, for his part, assures that not allowing an AI to patent its own inventions violates innovation and is unconstitutional. However, Stark explains that these arguments are only speculative and unsubstantiated. Said like this, Stark maintains: “Congress has determined that only a natural person can be an inventor, so AI cannot be. Consequently, the decision of the district court is affirmed” as read in the document.

Furthermore, Thaler argues that in South Africa artificial intelligence is already recognized as an inventor. Even so, this background is not important for the United States, since that country is not governed by the US Patent Law. Now, Thaler hopes to appeal the decision before the Supreme Court of Justice.

Image: Pexels

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