Many people dream of becoming entrepreneurs, and often the biggest...
Letting technology do the heavy lifting for certain monotonous tasks...
Accurate accounting is the bedrock of any successful...
Distinguishing between independent contractors (1099) and employees (W-2)...
February 14, 2022
If artificial intelligence invents something, who owns the intellectual property rights to it? That question has sparked a worldwide debate. And the answer will have a significant impact on the future of AI.
Computer scientist Stephen Thaler invented an AI “creativity machine.” He called it DABUS – Device for the Autonomous Bootstrapping of Unified Sentience. DABUS soon began inventing things, including a food storage container and a light beacon. When Thaler went to file a patent for these novel inventions, he listed DABUS as the inventor on the patent applications. That’s where the debate started.
In the United States, the clear language of the U.S. Patent Act says an inventor has to be an “individual.” In common language, individual means a natural human. Thaler’s two patent applications were denied because he refused to list anyone other than his DABUS AI machine as the sole inventor.
Thaler appealed when the patent office rejected DABUS’ patent. In fall of 2021, that appeal was brought up in the federal district court. They soon issued the first official U.S. decision on AI’s intellectual property rights and right to patent. Their decision was a resounding no.
Thaler continued applying around the world on behalf of DABUS for patents for the food container and light beacon. To date, he’s filed patents in Canada, China, Europe, Germany, India, Israel, Japan, South Africa, the UK and the U.S. So far, DABUS has been granted patents in South Africa and Australia.
Many have wondered, why is it so important to give an AI system the credit for a patent? The AI machine was invented by someone, so shouldn’t that machine’s inventor receive credit for the machine’s patents? That’s what many courts who have reviewed Thaler’s case have found.
Thaler continues to push for DABUS to be recognized as the sole inventor because he believes it protects the strength of patent law. If humans can take credit for their computer’s inventions, soon they may find new ways to take credit for one another’s intellect too. He believes in the strictest application of patent law. And while the AI machine may get credit for inventing, Thaler maintains that the AI’s owner should also be the patent’s owner. By distinguishing between these two roles (inventor and patent owner), the AI machine gets credit for its invention and the AI owner has controlling rights over the invention.
Over the next few years, Thaler’s case will continue to be heard around the world. The decisions made by these courts can have a massive impact on the future of AI inventorship.
One potential consequence of granting DABUS the right to invent and patent its own inventions is that this decision could open the floodgates of AI inventing. As more AI systems enter the patent scene, they theoretically could invent thousands of speculative ideas and have the right to sue anyone who accidentally stumbles across the same idea in the future. The heart of patent law is to encourage and protect innovation, not to patent thousands of speculative ideas just for inventing’s sake. Those against AI being given the rights of an inventor say this would only worsen the power of the tech elite – people who already have an inventing advantage and use that to profit off of smaller inventors who unintentionally infringe.
Further, if AI is given the right to inventorship, what would happen if that AI system infringed on another inventor’s patent? How could inventors be protected when AI faces no consequences for infringement?
On the other hand, AI is already used to invent in the pharmaceutical industry. While humans still contribute significantly to these inventions, in the future, AI has the potential to become the sole inventor of the most effective and safe treatment options. Without the rights to inventorship, the patents on these and future life-saving medications could be called into question.
The field of artificial intelligence and intellectual property rights is still filled with obstacles and questions. In the coming years we’ll begin to see just how much autonomy AI is granted, and how those rights will shape the future of innovation.
Our team is made up of seasoned professionals who bring years of industry experience to the table. You gain a trusted advisor who understands your business inside out.
Say goodbye to the hassles of hiring, training and managing in-house finance teams. You will never have to worry about unexpected leave of absence or retraining new employees.
Whether you’re a small business or a global powerhouse, our solutions scale with your needs. We eliminate inefficiencies, reduce costs and help you focus on growing your business.
Accurate accounting is the bedrock of any successful business operation. Yet, medium-sized businesses—those that have grown beyond the small-business stage...
Distinguishing between independent contractors (1099) and employees (W-2) is a pivotal compliance matter for U.S. businesses. Misclassification can result in...
Spring symbolizes renewal, making it an apt metaphor for startups aiming to secure fresh capital to fuel their next growth...
Payroll is more than just issuing paychecks—it’s a complex, high-stakes process that can significantly impact employee satisfaction, legal compliance, and...
For startups seeking sustainable growth, every quarter provides a treasure trove of data—but Q2 data can be particularly revealing. By...
By the time Q2 rolls around, many startups have a clearer picture of their performance and market positioning compared to...
For many startups, the summer months can be a dual-edged sword. On one hand, warmer weather and looming vacations can...
Tax season often triggers stress and complexity—especially for startups laser-focused on building products, acquiring customers, and scaling operations. Yet savvy...
The halfway mark of any given year is more than just a date on the calendar; it’s a valuable checkpoint...