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Do I understand correctly that if I build an AI which invents something, this ruling wouldn't prevent me from simply listing myself as the inventor?
by _greim_ 4y ago
Do I understand correctly that if I build an AI which invents something, this ruling wouldn't prevent me from simply listing myself as the inventor?
- vivegi 4y agoThe ruling has confirmed that only natural persons i.e., humans can be listed as the inventor in the patent application as per the Patent Act. For your question, I think you will be within your rights to list yourself as the inventor of AI-generated invention, provided you were the first to do so and file an application that was accepted by the USPTO and defend the claim from anyone else who says they were also able to generate a similar work with a similar or same prompt. It is an unsettled question whether a patent would be granted upon inspection by the USPTO. IANAL and this is my common sense reading of the ruling.
- pbhjpbhj 4y agoIIRC in the UK application process you list the inventor and the applicant and how the applicant derives the right to the patent (eg the inventor is an employee and the applicant is the employer). The inventor can not be an AI. You could claim you invented something using the AI as a tool; I don't think that has been tested properly yet -- it would seem to depend on how much input you have. For example if you asked an AI to design a chair, and the AI comes up with some new form of wood joint that serves a technical purpose, then you don't really have the right to hold a patent on it ... it's likely no one would know if you didn't tell them.