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@ 2021/08/05Welcome to the era of the AI patent troll
An Australian Court has decided that artificial intelligence can patent inventions.
Australia's Federal Court last month heard and decided that the nation's Commissioner of Patents erred when deciding that an AI can't be considered an inventor.
Justice Beach reached that conclusion because nothing in Australian law says the applicant for a patent must be human.
As Beach's judgement puts it: "… in my view an artificial intelligence system can be an inventor for the purposes of the Act. First, an inventor is an agent noun; an agent can be a person or thing that invents. Second, so to hold reflects the reality in terms of many otherwise patentable inventions where it cannot sensibly be said that a human is the inventor. Third, nothing in the Act dictates the contrary conclusion."
The Justice also worried that the Commissioner of Patents' logic in rejecting Stephen Thaler's patent submissions was faulty.
An Australian Court has decided that artificial intelligence can patent inventions.
Australia's Federal Court last month heard and decided that the nation's Commissioner of Patents erred when deciding that an AI can't be considered an inventor.
Justice Beach reached that conclusion because nothing in Australian law says the applicant for a patent must be human.
As Beach's judgement puts it: "… in my view an artificial intelligence system can be an inventor for the purposes of the Act. First, an inventor is an agent noun; an agent can be a person or thing that invents. Second, so to hold reflects the reality in terms of many otherwise patentable inventions where it cannot sensibly be said that a human is the inventor. Third, nothing in the Act dictates the contrary conclusion."
The Justice also worried that the Commissioner of Patents' logic in rejecting Stephen Thaler's patent submissions was faulty.
