Stephen Thaler had applied for patents on behalf of his DABUS machine in 2019, only to have US patent officials conclude the AI didn't qualify because it isn't an individual.
Sept. 3, 2021 (TechXplore) -- A U.S. judge ruled that artificial intelligence can't get a patent for its creations, ruling that such a privilege is reserved for people.
District court judge Leonie Brinkema backed a decision by the U.S. patent office to turn away applications made on behalf of a "creativity machine" named DABUS.
Brinkema issued a ruling Thursday saying that "the clear answer is 'no'" to the question of whether an AI machine qualifies as an inventor under patent law.
"As technology evolves, there may come a time when artificial intelligence reaches a level of sophistication that might satisfy accepted meanings of inventorship," Brinkema said in the ruling.
"But that time has not yet arrived and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law."
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