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US decides that AI patents cannot be registered

US decides that AI patents cannot be registered

Advances in artificial intelligence have been met with skepticism. One of them relates to credit for new inventions and creations made by AI. In other words, can inventions made with the help of technology be patented?

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The US government has already responded. And, experts say, the ruling will shape how everyone from large corporations to small home repairers can apply for intellectual property protection. It could also affect the future of billions of dollars of investments.

Last Tuesday (13), the US Patent and Trademark Office (USPTO) said that in order to receive a patent, an actual person must have made a “significant contribution” to the invention. He also pointed out that only one man can be named as an inventor on a patent.

Official guidance ensures that AI-related inventions are patentable. At the same time, it continues to respect human creativity. However, “significant contribution” is a very confusing issue and can vary depending on who is interpreting it. Information from CNN.

Artificial intelligence
US rules state that only real people (not AI) can get patents (Image: jittawit21/Shutterstock)

Use of AI in patent applications

  • The US Patent and Trademark Office has provided some examples of how the new guidelines will work.
  • A person who asks an AI chatbot to design a part will not be eligible for a patent because they have not contributed enough to the invention.
  • If the same person creates a prompt to solve a specific problem and extracts the solution through technology, the result will be different.
  • The new guidance builds on existing case law.
  • A federal appeals court ruled last year that only real people can be listed as inventors on US patents, effectively eliminating the ability to be named an inventor or co-inventor of AI.
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