European Patent Office Rejects Worlds First AI Inventor – Forbes

The European patent authorities have rejected an attempt to register an AI as an official inventor.

The possibility's been a subject of debate for some time, and last summer a group of legal experts decided to force the issue. The group, led by Professor Ryan Abbott of the University of Surrey, submitted designs developed by an AI to the authorities in the US, UK and Europe, and later Germany, Israel, Taiwan and China.

The AI concerned, named Dabus, was created by Stephen Thaler, and is described as a connectionist artificial intelligence.

According to its inventors, it 'relies upon a system of many neural networks generating new ideas by altering their interconnections. A second system of neural networks detects critical consequences of these potential ideas and reinforces them based upon predicted novelty and salience.'

It came up with two concepts submitted for patent approval: a new type of drinks container based on fractal geometry, and a device based on a flickering light for attracting attention during search and rescue operations.

"In these applications, the AI has functionally fulfilled the conceptual act that forms the basis for inventorship. There would be no question the AI was the only inventor if it was a natural person," said Abbott.

"The right approach is for the AI to be listed as the inventor and for the AIs owner to be the assignee or owner of its patents. This will reward innovative activities and keep the patent system focused on promoting invention by encouraging the development of inventive AI, rather than on creating obstacles."

However, the European Patent Office failed to agree.

"After hearing the arguments of the applicant in non-public oral proceedings on 25 November the EPO refused EP 18 275 163 and EP 18 275 174 on the grounds that they do not meet the requirement of the EPC that an inventor designated in the application has to be a human being, not a machine," it concluded.

Legal attitudes to AI inventors vary subtly around the world. In the UK, for example, the programmer who came up with the AI is the inventor; in the US, it's the person who came up with the original idea for the invention, with the programmer deemed simply to be facilitating it.

Patent ownership also involves certain responsibilities that an AI would struggle to satisfy, such as renewing patents, updating government records and keeping licensees informed.

While the EU did at one time consider adding 'electronic personality' to the two categories of potential patent owner allowed - 'natural person' and 'legal entity' - it abandoned the idea after receiving a strongly worded letter from more than 150 experts in AI, robotics, IP and ethics.

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European Patent Office Rejects Worlds First AI Inventor - Forbes

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