The Patent and Trademark Office once again announced guidance stating that ``AI cannot be patented,'' but ``just because AI is supported does not mean that a patent cannot be obtained.''
The U.S. Department of Commerce and Patent and Trademark Office (USPTO) has released guidance on inventor requirements for 'AI-assisted inventions' that utilize the help of AI. In line with the USPTO's previous position, the guidance states that only 'natural persons (living humans)' can obtain patents, and that 'non-natural persons' such as AI cannot obtain patents. However, in cases where humans have made inventions with the assistance of AI, there is still a possibility that a patent cannot be obtained.
Federal Register :: Inventorship Guidance for AI-Assisted Inventions
https://www.federalregister.gov/documents/2024/02/13/2024-02623/inventorship-guidance-for-ai-assisted-inventions
US says AI models can't hold patents | Ars Technica
US patent office confirms AI can't hold patents - The Verge
https://www.theverge.com/2024/2/13/24072241/ai-patent-us-office-guidance
In April 2020, the USPTO issued an official position stating that AI cannot be registered as an inventor in a patent application.
``AI cannot be registered as an inventor when applying for a patent,'' the US Patent and Trademark Office announces official opinion - GIGAZINE
Subsequently, in public comments, many people were of the opinion that ``guidance regarding inventorship and patentability of AI-assisted inventions should be provided,'' and on October 30, 2023, President
President Biden issues executive order regarding AI, legal regulations will be implemented to make AI safe, secure, and reliable - GIGAZINE
What was announced was ``Guidance on Inventor Requirements for AI-Assisted Inventions,'' which focuses on AI-assisted inventions.
First, the inventor and joint inventors listed in a patent application must be natural persons. This means that AI cannot be listed as an applicant for a patent.
However, it has been shown that if a ``natural person made an invention using AI,'' the inventor's qualifications are not lost, and that the use of AI does not mean that a patent cannot be obtained.
However, the condition is that humans make a large contribution to the invention, and if the AI is left to create something and the humans only supervise it, it will not be recognized as an invention by a human.
Please note that the announced guidance does not constitute substantive regulations and is not legally enforceable.
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in Note, Posted by logc_nt