Britain and Australia may have done a historic pact last week, but on one thing they disagree on whether AIs can be patent inventors.
AI is increasingly being used for new ideas and should therefore be listed as inventors by patent authorities. Opponents say, however, that patents are a legal right and can only be granted to one person.
U.S.-based Dr. Stephen Thaler, the founder of Imagination engines, has led the battle for machine recognition for their creations.
Dr. Thaler’s AI device, DABUS, made up of neural networks, was used to invent an emergency warning light, a food container that improves grip and heat transfer, and more.
In August, a federal court in Australia ruled that AI systems can according to Ryan Abbott, professor at the University of Surrey, on behalf of Dr. Thaler applications made in the country. Similar applications have also been made in the UK, US and New Zealand.
In the UK, the Intellectual Property Office rejected the filings on the grounds that only mere mortals could be recognized as inventors under the country’s patent law. The decision was appealed to the High Court in London and failed again.
Undeterred, the case was brought before the appellate court in July of this year. Thaler argued that he really believed that DABUS was the inventor, which should be enough to comply with Section 13 (2) (a) of the above patent law.
Lord Justice Birss supported the idea and stated that âDr. Thaler has fulfilled its legal obligations according to s13 (2) (a) â.
“The fact that no inventor, actually so called, can be identified simply means that there is no name that the comptroller has to give as the inventor on the patent,” continued Lord Justice Birss.
Lord Justice Birss’s colleagues – Lord Justice Arnold and Lady Justice Elisabeth Laing – ultimately disagreed and rejected the appeal. Their argument goes back to the view that only humans can be recognized as inventors.
“Dr. Thaler has not identified ‘the person or persons he believes are the inventor or inventors’ as required, “said Lord Justice Arnold.
“A patent is a legal right and can only be granted to one person,” added Justice Minister Liang. âOnly a person can have rights. A machine cannot do that. “
The fight for machine rights has to go on for another day.
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