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Aug 6th, 2022
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However, the law also requires that the inventor must be a person who has contributed in some material way to the inventions conception. Therefore, under current law, only a human is capable of being named as inventor and the AI system is simply a tool they utilise as part of an innovation process.
Ownership of AI patents The national patent laws and the TRIPS agreement requires the inventor to be a legal person or a human being. AI is neither a legal person nor a human being. Thus, AI is struggling to become an inventor in a patent application.
Last year, in the case of Thaler v. Vidal, the Federal Circuit affirmed that only natural persons (i.e., human beings) can be named inventors on U.S. patents, thereby excluding artificial intelligence from being listed as an inventor per se.
As I explained in an August 2022 TechTank post, the Federal Circuits decision that month in Thaler v. Vidal made clear that the definition in the Patent Act of inventor requires that inventors be human. Therefore, under current patent law, naming AI systems as inventors isnt possible.
As I explained in an August 2022 TechTank post, the Federal Circuits decision that month in Thaler v. Vidal made clear that the definition in the Patent Act of inventor requires that inventors be human. Therefore, under current patent law, naming AI systems as inventors isnt possible.
AI to assist in identifying potential prior art One method being adopted by patent offices to improve application timeliness is to use artificial intelligence (AI) solutions to assist in identifying potential prior art during examinations.
AI-crafted inventions and AI-generated works of art face an immediate problem: Patent law and copyright law were crafted by humans, for humans. Intellectual-property law, as the world understands it, explicitly doesnt recognize nonhuman creators.

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