this post was submitted on 14 Feb 2024
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This is the best summary I could come up with:
On Tuesday, the United States Patent and Trademark Office (USPTO) published guidance on inventorship for AI-assisted inventions, clarifying that while AI systems can play a role in the creative process, only natural persons (human beings) who make significant contributions to the conception of an invention can be named as inventors.
It also rules out using AI models to churn out patent ideas without significant human input.
The USPTO says this position is supported by "the statutes, court decisions, and numerous policy considerations," including the Executive Order on AI issued by President Biden.
We've previously covered attempts, which have been repeatedly rejected by US courts, by Dr. Stephen Thaler to have an AI program called "DABUS" named as the inventor on a US patent (a process begun in 2019).
If someone does use an AI model to help create patents, the guidance describes how the application process would work.
Even with the published guidance, the USPTO is seeking public comment on the newly released guidelines and issues related to AI inventorship on its website.
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