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Entries from October 2021

Patents invented by Machine Learning

A few months ago I read an interesting post, which I felt compelled to write about. The post titled “Australian Court determines that an Artificial Intelligence system can be an inventor for the purposes of patent law” tells exactly what its title denotes. The case in question comes from the drugs industry, which has always been an avid user of the patent system, but one can easily see how the verdict can be applied to many (if not all) patent areas as well.

The article reads:

“In Australia, a first instance decision by Justice Beach of the Federal Court has provided some guidance: pursuant to Thaler v Commissioner of Patents (2021) FCA 879, an AI system can be the named inventor for an Australian patent application, with a person or corporation listed as the applicant for that patent, or a grantee of the patent.” [...] Worldwide, this is the first court decision determining that an AI system can be an inventor for the purposes of patent law.” [...] “The UK Intellectual Property Office (UKIPO), European Patent Office (EPO), and US Patent and Trademark Office (USPTO) each determined that an inventor must be a natural person.”

An appeal process is still ongoing, but this judgment still serves as an important milestone in the anticipated future of artificial intelligence, which bears enough resemblance to traditional human intelligence to demand similar treatment, first as art, and now also as the subject of patents.

I must admit that when I first read this article it seemed to me as a joke, and even a funny one at that. However, as I kept thinking about it, it made more and more sense. The purpose of this post is to take you through my thought process.

Just note that I am not a lawyer, not a patent attorney, and only express an opinion as someone who's nowhere close to being authoritative on the subject.

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