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The patent office says "if an AI comes up with it's not patentable" so you turn around and sign a piece of paper that says you came up with it. How is that not
by olliej 3y ago
The patent office says "if an AI comes up with it's not patentable" so you turn around and sign a piece of paper that says you came up with it.
How is that not perjury?
I'm not making a statement on "should a machine generated idea" be patentable (my sense is no, but pharmaceutical corporations have plenty of patents on things that they found bacteria produced, so ???).
My statement is: when you file a patent, you sign a sworn statement (federal in the US, presumably similar conceptually in other jurisdictions) that all your statements are true and accurate.
If a machine came up with the patent, and you know that is not patentable under law, so you claim that _you_ came up with it, then that is an objectively false statement. You then signed and submitted to your relevant government body as a sworn statement.
Again this is an objectively false statement, that you provide sworn testimony is true.
That's definitionally perjury.
Other people have made comments about combining ideas from others, but when you do that you have to state that those ideas come from another source that is not covered by the patent, unless those other entities are co-authors of the patent.
e.g. if an "AI" comes up with an idea, and you combine it in a "novel" way with something else, the "AI" generated part is still not patentable, and cannot be covered by the patent.
- deleted 3y ago[deleted]
- preommr 3y agoFrom the article: > But he added: "The judgment does not preclude a person using an AI to devise an invention – in such a scenario, it would be possible to apply for a patent provided that person is identified as the inventor." ------ > The patent office says "if an AI comes up with it's not patentable" Where are you getting this from?