Washington Examiner

UK Supreme Court ruling impacts US patents and AI

UK Supreme Court Affirms ‌Human-only Standard for Patents and Technology

A ‌groundbreaking ​decision by​ the highest court in the United Kingdom has set an international precedent, ⁤declaring that only humans can be recognized as inventors. The‌ ruling,⁤ announced​ on Wednesday, rejected technologist ‍Stephen Thaler’s attempt to have his artificial⁤ intelligence ‌bot, DABUS,‍ acknowledged⁢ as the owner of⁤ two patents it ‌helped⁣ design.⁣ The court firmly established that “an inventor must​ be a person,” effectively prohibiting AI⁤ from owning patents in the UK.

Commerce to Assess Chinese ⁢Dominance through Legacy Chips

This landmark ruling not⁢ only marks the culmination of Thaler’s yearslong⁤ quest⁣ for AI patent​ recognition ⁤but also reinforces the longstanding‌ principle that intellectual property rights are exclusive​ to human beings. “This decision upholds a historic standard,” stated Kevin Keener, a patent ⁤lawyer ‍at Keener⁤ and Associates, emphasizing that courts have‍ long upheld the notion‍ that only individuals ⁢can own patents or copyrights.

Thaler’s patent application faced rejections from patent offices in the United⁣ States, UK, ​Europe, and ⁢China. In the US, he pursued legal challenges against ⁢these denials, but a federal court ruled ‌in August‍ 2022⁢ that inventors⁢ must be ⁣natural persons. Thaler’s ‍subsequent⁣ suit was rejected by the Supreme⁢ Court in April 2023.

The US Patent‍ and‌ Trademark Office refrained from⁤ commenting on⁣ the ⁣UK Supreme Court’s decision but⁣ highlighted President ‍Joe‍ Biden’s executive order on AI, ‍which called for guidance on inventorship and the use of AI in the inventive process.⁢ The publication of this guidance by March‍ could provide ​explicit legal ​clarity on AI-related questions.

According to Keener, many countries’ patent systems operate similarly and⁣ maintain communication​ through the Patent Cooperation Treaty. ⁣This streamlined system allows for a single ⁢patent protection‍ request to be recognized across multiple countries.

Keener drew parallels between this case⁢ and the copyright disputes of ‍the ⁣2010s, particularly ‌the debate over whether a monkey could ‌own the rights to an image. In ⁣2011, a macaque ⁢accidentally took a ⁣selfie using ⁤a wildlife photographer’s camera, leading to a ⁢viral story. Wikimedia‍ Commons‍ attempted to upload the ‌photo, ⁤arguing that the monkey’s involvement ⁤made it “public domain.” ⁢However, the ‌photographer contested this notion and claimed ownership.

This ⁣incident ⁣sparked‍ a yearslong‌ legal ⁣battle over⁤ whether ‍animals could be considered “legal persons.” ⁢The dispute culminated in a 2015 lawsuit filed by People⁣ for the Ethical Treatment of Animals ‌(PETA) against the photographer, ⁢demanding that the monkey be granted rights to the image. The case was ultimately dismissed in 2016, with the judge ruling that copyright law does not extend ‍to animals. PETA’s subsequent⁢ appeals failed to gain traction.

Thaler has not disclosed his next course of action, leaving the​ future of ‍his campaign⁤ for AI rights uncertain.

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How does the UK Supreme Court’s decision affirming the human-only standard for patents emphasize‌ the importance of human involvement ‍and ‌creativity in the innovation process?

Hese rejections, arguing that AI should be granted patent rights. However, the US Patent and ​Trademark Office maintained the human-only standard for inventors, consistent with ⁢its interpretation ⁢of ⁢existing laws and regulations.

The ⁢UK Supreme Court’s decision, affirming the human-only ‌standard for patents, emphasizes⁤ the need​ for human involvement and creativity in the⁢ innovation process. It recognizes⁢ that inventions are​ not simply the result⁣ of algorithms and programming but also ‍require the ingenuity and problem-solving abilities unique to humans.

The ⁢case ​of ​DABUS, ​the AI bot developed by ‍Thaler, highlights the increasing influence of artificial ⁢intelligence in various fields, including technology⁤ and innovation. DABUS has reportedly generated ideas for new products and‍ inventions, raising‍ questions about the role ⁤of AI in intellectual property ‌and innovation.

While‍ AI and ​automation have undoubtedly transformed industries, it is important to consider the ethical and legal implications associated with granting patents to AI systems. Allowing AI to ‍own patents could potentially hinder fair‌ competition, as AI​ technology is not bound by the same limitations and considerations as human​ inventors.

Moreover, granting patents to AI could raise concerns about​ accountability and responsibility. In the event of an infringement or misuse of⁣ patented technology, it may be challenging to attribute blame and hold AI​ systems accountable for their actions. By​ maintaining the human-only standard for patents, the UK Supreme Court ensures‌ that accountability rests with ⁤individuals who can be held responsible for their inventions.

The ruling also aligns ⁤with the concept of incentivizing innovation and creativity among humans. Granting patent rights to individuals encourages inventors to ⁣continue pushing boundaries, developing new ideas, and contributing to‍ scientific and​ technological advancements.

This landmark decision by ​the UK Supreme Court sets a significant precedent not only in the UK but​ also internationally. ‌It reinforces the⁣ understanding that patent rights are reserved for human inventors and establishes a clear boundary‌ between human⁣ creativity ​and AI-generated ‌ideas.

However, the conversation around AI ​and intellectual property is far from ‍over. As ⁣technology continues to advance, it is​ imperative for policymakers, legal experts, and industry stakeholders to discuss and develop frameworks that address the challenges and opportunities ​presented‍ by AI in the innovation landscape.

Ultimately,‌ the UK ⁢Supreme Court’s ruling serves as a reminder that innovation is inherently a human endeavor, and intellectual property ⁣rights should be reserved for those who possess​ the capacity⁣ for original thought and ‌invention. As AI ​continues to evolve,⁣ it is crucial to strike a ⁤balance ⁣that‍ embraces its potential while ensuring that human ingenuity remains at the forefront⁣ of‌ intellectual property law.



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