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What if my AI invents something and then someone else patents it? Can I use the invention from my AI as prior art?

tyre 5y ago
Remove “AI” and it makes sense. If you invent something and someone else patents it, you show prior art to invalidate the patent. Whether you used software or a lathe or a lawnmower or excel to make the thing doesn’t matter.
- mmmBacon 5y ago
  In US we’ve moved from first to invent to first to file. This makes prior art a lot less relevant.
  - jefftk 5y ago
    First to file means that, as someone who invented earlier but did not file, you aren't going to be able to get that the patent reassigned to you. But you can still use your prior art to get the patent invalidated. (Not a lawyer)
    - bdowling 5y ago
      > ...as someone who invented earlier but did not file, you aren't going to be able to get that the patent reassigned to you. There's an exception: When a second applicant disclosed the invention publicly both prior to the first application and less than one year prior to the second application. Another note: Prior art needs to be publicly available. So, a first inventor's private notes can't invalidate a second inventor's patent. In the old first-to-invent system, however, the private notes of a first inventor could allow the first inventor to get the patent ahead of a second inventor who filed first.
- superjan 5y ago
  It is only prior art if it is made public. If you invent something and keep it secret someone else can still patent it.
ghaff 5y ago
IANAL but presumably any prior art involving a computer or other type of machinery you created is effectively your prior art. The fact there were tools evolved wouldn’t generally matter.
Ekaros 5y ago
Depends, AI you are running or AI you are selling? I don't see how AI would make much difference compared to let's say simulation software for some chemical process or anything at all. If you were running it and someone stole the results prior art would likely be yours. If you allowed someone to run it with their own inputs it would likely be theirs.

tyre 5y ago

Remove “AI” and it makes sense. If you invent something and someone else patents it, you show prior art to invalidate the patent. Whether you used software or a lathe or a lawnmower or excel to make the thing doesn’t matter.

mmmBacon 5y ago
In US we’ve moved from first to invent to first to file. This makes prior art a lot less relevant.
- jefftk 5y ago
  First to file means that, as someone who invented earlier but did not file, you aren't going to be able to get that the patent reassigned to you. But you can still use your prior art to get the patent invalidated. (Not a lawyer)
  - bdowling 5y ago
    > ...as someone who invented earlier but did not file, you aren't going to be able to get that the patent reassigned to you. There's an exception: When a second applicant disclosed the invention publicly both prior to the first application and less than one year prior to the second application. Another note: Prior art needs to be publicly available. So, a first inventor's private notes can't invalidate a second inventor's patent. In the old first-to-invent system, however, the private notes of a first inventor could allow the first inventor to get the patent ahead of a second inventor who filed first.
superjan 5y ago
It is only prior art if it is made public. If you invent something and keep it secret someone else can still patent it.

ghaff 5y ago

IANAL but presumably any prior art involving a computer or other type of machinery you created is effectively your prior art. The fact there were tools evolved wouldn’t generally matter.

Ekaros 5y ago

Depends, AI you are running or AI you are selling? I don't see how AI would make much difference compared to let's say simulation software for some chemical process or anything at all. If you were running it and someone stole the results prior art would likely be yours. If you allowed someone to run it with their own inputs it would likely be theirs.