AI Inventions Cannot Be Patented, Decides UK Court

AI Inventions Cannot Be Patented, Decides UK Court


UK Supreme Court Rules Against AI Inventorship

The British Supreme Court has made a ruling stating that an artificial intelligence (AI) machine named DABUS cannot be recognized as an inventor under UK patent law. This decision was made in response to Stephen Thaler, the creator of DABUS, attempting to obtain a patent for a beverage container and a flashing light created by the AI. The ruling raises concerns about the implications of artificial general intelligence (AGI) for humans.

Implications of the Ruling

The top UK court emphasized that DABUS is not considered a person and dismissed Thaler’s appeal. However, it clarified that the ruling does not mean other inventions by advanced AI are ineligible for patents. The government’s lawyer argued that allowing Thaler’s appeal could set a precedent for arbitrary listings as inventors in the future.

International Precedents

Courts in Australia and Europe also rejected Thaler’s attempts to list DABUS as an inventor. South Africa was the only country that allowed such recognition. The UK ruling aligns with the stance of the US Copyright Office, which stated that content created without human input cannot be protected by copyright law.

Questions About AGI Advancements

Thaler’s case highlights the complex questions surrounding the advancement of AI into artificial general intelligence (AGI). OpenAI defines AGI as AI technology capable of economically valuable work with intellectual capabilities similar to humans. While critics argue that AI performance should not be mistaken for competence, Google’s Bard tool can already generate code traditionally done by humans.

Accountability and Risk

The ruling raises concerns about accountability in cases of catastrophic malfunctions caused by AI. If AI is not recognized as an inventor, it becomes unclear who is responsible for such incidents. For example, EY’s use of AI to investigate fraud has raised questions about the technology’s ability to detect different types of fraud and determine liability in case of errors.

Hot Take: The Need for Clarity in AI Inventorship

The UK Supreme Court’s ruling that AI cannot be recognized as an inventor highlights the challenges posed by AGI advancements. As AI continues to evolve and take on tasks traditionally performed by humans, legal frameworks must adapt to address questions of accountability and intellectual property rights. Balancing innovation with the potential risks of advanced AI technologies remains a complex task that requires careful consideration and ongoing legal discussions.