Digital Convergence … 12/20/2023 … Digital Convergence
Artificial intelligence is not patentable. This was decided by the Supreme Court of the United Kingdom after an action brought by American computer scientist Stephen Thaler. He wanted two UK patents for inventions he claims were made by his “creativity engine” called DABUS. The justification for rejecting applications is that the inventor must be a human being or a company, not a machine, as defined by UK patent law.
“This appeal is not concerned with the broader question of whether technological advances made by machines operating autonomously and powered by AI should be patentable,” Judge David Kitchin said. “Nor is the question whether the meaning of the word ‘inventor’ should be expanded. That is already known.”
In a statement, Stephen Thaler’s lawyers say the judgment “establishes that UK patent law is currently wholly inadequate to protect inventions generated autonomously by AI machines”. This is the second failure for the computer scientist. He lost the same claim in the US. The Supreme Court rejected a challenge to the US Patent and Trademark Office’s refusal to grant patents for inventions created by its AI system.
According to experts, this decision will not have a significant impact on the patent system now. But the problem comes to light. “Because, for now, AI is a tool, not an agent. But the reality is that we need to deal with this problem in a more objective way,” points out Giles Parsons, a lawyer specializing in electronic law from the United Kingdom.
*With news agencies
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