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This is interesting. I'm a patent lawyer, so all of my contract law knowledge comes from a standard casebook, but I can can tell you that the analogous question
by jordanpg 3y ago
This is interesting. I'm a patent lawyer, so all of my contract law knowledge comes from a standard casebook, but I can can tell you that the analogous questions in my field are anything but settled.
> an LLM is not a human, so it can't make contracts in any respect
Probably the most contentious question relates to AI inventorship, which is disallowed under Thaler v. Vidal (Fed. Cir. 2022), but is already laughably out of date with respect to the technology. The decision draws a similarly hard line regarding whether an inventor must be a human or not based on statutory interpretation.
But the patent office will soon be inundated with AI-authored or AI-assisted inventions, if they aren't already. Applicants will simply just not admit it or possibly opt for trade secret protection instead. Meanwhile, other countries may not take such a hard line, and that IP will make its way to China or the EU or wherever.
Of course this is all science fiction right now, since it's an open question as to whether an LLM will invent anything useful, but it's not implausible. My point is that I believe the question will be revisited very soon.