In 2018, American scientist and inventor Dr. Stephen Thaler, founder and chairman of the board of directors of Imagitron, as well as the author of the Creativity Machine paradigm, for which he managed to obtain in the United States patent No. 5659666 and derivatives from him patents, filed two patent applications, in which he indicated not himself as the author, but the artificial intelligence system DABUS created by him.
However, the patent offices of the United States and Great Britain rejected these applications, explaining that only an individual can be considered an inventor. Thaler was not satisfied with this decision and filed a lawsuit with the Supreme Court of Great Britain. This authority ruled against Thaler, to which the inventor responded with an appeal.
This week, the Court of Appeal ruled that artificial intelligence cannot be listed as the inventor of the patent.
“Only a person can have rights. The machine can’t, ”Appellate Court Judge Elisabeth Laing wrote in her ruling. “A patent is a legal right, and it can only be bestowed on a person.”
Thaler also failed in the United States. In early September, a district court upheld a decision by the US Patent and Trademark Office stating that “only individuals can be named inventors in a patent application.” At the same time, a judge in Australia ruled in August that AI inventions could also be patented.
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