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US Patent Office Confirms AI Can't Hold Patents - Slashdot
source link: https://yro.slashdot.org/story/24/02/14/2158219/us-patent-office-confirms-ai-cant-hold-patents
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US Patent Office Confirms AI Can't Hold Patents
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US Patent Office Confirms AI Can't Hold Patents 6
Posted by BeauHD
on Wednesday February 14, 2024 @05:40PM from the natural-humans-only dept.
The US Patent and Trademark Office (USPTO) asserts that only humans can be recognized as inventors on patent applications, not artificial intelligence systems, although the use of AI in the invention process is permitted and must be disclosed. The Verge reports: The agency published (PDF) its latest guidance following a series of "listening" tours to gather public feedback. It states that while AI systems and other "non-natural persons" can't be listed as inventors in patent applications, "the use of an AI system by a natural person does not preclude a natural person from qualifying as an inventor." People seeking patents must disclose if they used AI in the invention process, just as the USPTO asks all applicants to list all material information necessary to make a decision.
However, to be able to register a patent, the person using the AI must've contributed significantly to the invention's conception. A person simply asking an AI system to create something and overseeing it, the report says, does not make them an inventor. The office says that a person who simply presents the problem to an AI system or "recognizes and appreciates" its output as a good invention can't claim credit for that patent.
"However, a significant contribution could be shown by the way the person constructs the prompt in view of a specific problem to elicit a particular solution from the AI system," the USPTO says. The office also says that "maintaining 'intellectual domination' over an AI system does not, on its own, make a person an inventor" -- so simply overseeing or owning an AI that creates things doesn't mean you can file a patent for them.
However, to be able to register a patent, the person using the AI must've contributed significantly to the invention's conception. A person simply asking an AI system to create something and overseeing it, the report says, does not make them an inventor. The office says that a person who simply presents the problem to an AI system or "recognizes and appreciates" its output as a good invention can't claim credit for that patent.
"However, a significant contribution could be shown by the way the person constructs the prompt in view of a specific problem to elicit a particular solution from the AI system," the USPTO says. The office also says that "maintaining 'intellectual domination' over an AI system does not, on its own, make a person an inventor" -- so simply overseeing or owning an AI that creates things doesn't mean you can file a patent for them.
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