The US Patent and Trademark Office (USPTO) remained firm that artificial intelligence systems are not qualified as investors, however humans are allowed to utilize AI tools for creating patented inventions with disclosure.
The office also published a latest guidance on the inventorship issues of AI systems and the human limitations on utilizing AI tools for patented inventions.
Inventors Must Disclose AI Tools Usage
According to the released guidance, AI-assisted inventions are not "categorically unpatentable." Moreover, it also detailed that inventorship lies heavily on the human contribution.
Each individual who wishes to apply for a patent must abide with the duty of disclosure to the USPTO. All known information that relates to the material of patentability must be detailed by the parties and individuals.
"In applications for AI-assisted inventions, this information could include evidence that demonstrates a named inventor did not significantly contribute to the invention because the person's supported contribution was made by an AI system."
USPTO Implements Strict Rules on Patent, Trademark
In 2020, the USPTO announced that only "natural humans" are allowed to apply for patents. The ruling was made publicly after the office denied researcher Stephen Thaler's application.
Thaler made the AI system he created, DABUS, an inventor for a patent application. In addition, Thaler also applied for a copyright for an AI-generated image. Both the US court and a federal court ruled against his application.
The USPTO held public listening sessions at the headquarters and Stanford University last year. These sessions, which was attended by 800 people, helped the office to analyze the responsible use of innovation such as AI.
The US Copyright Office also conducted series of public consultations to help them develop new guidelines on handling copyright petitions of AI.
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