Can AI Invent Independently? How AI is Changing the Patent Industry – IP.com

The USPTO and Federal Circuit’s opinions imply that inventions made by human beings with the assistance of AI are eligible for patent protection. However, there is uncertainty and much debate as to how much AI assistance is too much for patentability. And as the law currently stands, inventions purely developed by an AI machine are not eligible for patent protection.

The USPTO rejected the applications, finding them incomplete for lack of a valid inventor. The USPTO held that the Patent Act limits inventorship to natural persons, referring to U.S. Court of Appeals for the Federal Circuit opinions reaching similar conclusions in denying inventorship status to states and corporations.

Dr. Thaler sought review of the decision, but the district court agreed with the USPTO’s conclusion and denied inventorship status to DABUS. The court found “overwhelming evidence” that Congress intended to limit the definition of “inventor” to natural persons. The court also referenced findings from the USPTO’s 2019 Federal Register notice in emphasizing that many commentators disagreed with Dr. Thaler’s view that AI machines should be recognized as inventors.