AI, Ethics & Society, Legislation & Government

US Federal Court Upholds Decision that AIs Cannot Patent Inventions

Dr. Stephen Thaler continues his pursuit of granting AIs the ability to patent inventions, though he faces ongoing obstacles. Thaler, the founder of Imagination Engines, developed a system called DABUS, which comprises neural networks. DABUS has been credited with inventing several items, including an emergency warning light and an innovative food container designed for better grip and heat transfer.

In August 2021, a federal court in Australia made a landmark decision, asserting that AI systems could be acknowledged as inventors under patent law. Professor Ryan Abbott from the University of Surrey submitted applications on behalf of Dr. Thaler, marking a rare success in his campaign. However, similar applications in the UK, US, and New Zealand were subsequently denied.

In April 2020, the US Patent and Trademark Office (USPTO) determined that an AI could not be legally recognized as an inventor after dismissing two applications credited to DABUS. The filings had been put forward by the Artificial Inventor Project (AIP), which suggested that Thaler lacked the necessary consumer goods experience to have created the products himself. Abbott emphasized this point, stating, “If I teach my Ph.D. student and they go on to develop a complex idea, that doesn’t make me an inventor on their patent, and the same should apply to a machine.”

Following this, the UK’s Intellectual Property Office also rejected Thaler’s applications, arguing that only humans can be recognized as inventors under the country’s Patents Act. This decision was appealed in the High Court in London and was ultimately unsuccessful. The case proceeded to the Court of Appeal, where it faced another setback. “A patent is a statutory right and it can only be granted to a person,” confirmed Lady Justice Liang after the Court of Appeal’s ruling, asserting, “Only a person can have rights. A machine cannot.”

Recently, the US Court of Appeals ruled against Thaler’s case, citing similar reasoning to that of the UK ruling. Judge Leonard P. Stark noted, “Statutes are often open to multiple reasonable interpretations. Not in this case,” clarifying that the Patent Act explicitly requires inventors to be natural persons, or human beings.

Despite these setbacks, Thaler and Abbott remain resolute in their efforts to appeal these outcomes. Abbott commented on the latest ruling, stating, “It overlooks the intention of the Patent Act and the fact that AI-generated inventions are now unpatentable in the United States. This has considerable negative social implications.”

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