After the setbacks that artificial intelligences (AI) suffered before the US Patent and Trademark Office (USPTO) in the Dabus case, a scientist has just started a lawsuit that questions the validity of those rulings and gives alternative arguments.
Stephen Thaler is the face of an international group of academics and lawyers seeking to allow AI to patent their inventions, something that Dabus, a system of algorithms, was denied on two occasions.
Thaler was the one who introduced the patent applications to the USPTO on behalf of Dabus, but the office rejected both, citing that corporations cannot be legal inventors, because the “conception – the basis of the invention – must be carried out by a natural person.”
The USPTO ruling was backed by the European Union and governments of countries like the UK and Germany. China, Japan, India and other countries have yet to reach a decision.
Thaler argues in his lawsuit that instead of the argument made by the USPTO, the principle established in a 1943 report by the National Patent Planning Commission should be adopted, which helped to reform the country’s patent system to its modern form. . It says that “patentability shall be determined objectively by the nature of the contribution to the advancement of the art, and not subjectively by the nature of the process by which the invention may have been accomplished.”
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