USPTO Asks Whether AI Inventorship Uncertainty Requires Change

“If these technologies can actually contribute significantly to the creation of inventions, the question arises as to whether current law provides patent protection for these inventions.” – USPTO Federal Register Notice

AI inventoryThe United States Patent and Trademark Office (USPTO) is seeking public comment on artificial intelligence (AI) and inventors via a Federal Register notice published today, February 14.

The Patent Office had previously sought comment on this topic, but has since decided to deny patent protection to an invention created by Stephen Thaler’s artificial intelligence (AI) machine, DABUS. Is not … The ruling was upheld on appeal by the district court and the United States Court of Appeals for the Federal Circuit (CAFC), which ruled that AI-assisted inventions made by humans are eligible for patent protection. left open to possibility. .

The USPTO’s FRN explains:

“As a result sailor Given the current state of AI and machine learning, there remains uncertainty about the inventors of AI…. The question arises whether to provide patent protection. Therefore, in order to promote and foster AI-enabled innovation, the USPTO is seeking feedback from stakeholders on the current state of AI technology in the invention-making process and how to address inventions made with significant AI contributions. Request more. ”

The FRN further says the Office aims to host stakeholder engagement sessions on the topic and work with academia to shed light on AI’s role in innovation “from an academic perspective.” The Journal of the Patent and Trademark Office Society publishes a special issue on inventors and AI-powered innovation, and accepts submissions at: [email protected] Until July 1, 2023.

FRN presents 11 questions for written response.They include: “How is the use of AI systems? [in the invention process]…is unlike using any other technology tool. whether AI inventions can be patented under current patent law for joint inventors, for example, by simply listing the natural persons involved in the invention made by the AI ​​machine. Also, whether changes in laws or regulations need to be made to properly address the contribution of AI to inventions.

Comments are due May 15, 2023. www.regulations.gov.

In another FRN, the USPTO has again extended the comment deadline on “Initiatives to Ensure the Robustness and Reliability of Patent Rights.” Comments are due by February 28, 2023. As of February 14, 131 comments have been posted.

The Secretariat also announced today that the FRN is extending its COVID-19 Priority Testing Pilot Program for the sixth time.

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Author: HBRH

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