Recently, the UK Supreme Court: Artificial intelligence (AI) cannot be listed as an "inventor" in a patent application. The ruling is in response to two patent applications filed by Stephen Thaler, an American technologist who patented a patent not owned by himself, but by an artificial intelligence machine called DABUS. According to the current patent law, the "inventor" applying for a patent must be a "natural person".
Whether or not artificial intelligence (AI) can be patented's "inventor" is a complex and controversial issue. From a number of perspectives, the answer to this question may vary depending on the laws and regulations of the country and region, the type of patent, and the nature of the technology itself. Here are some perspectives that illustrate this issue from different perspectives:
1.Legal perspective: In many countries and regions, patent laws stipulate that only natural or legal persons can be inventors. Therefore, from this point of view, AI itself cannot be an inventor because it is not a natural person or legal entity with legal status. However, in some countries, such as the United States, it is possible to attribute the right of invention to AI in a special way. For example, the U.S. Supreme Court ruled in one case that a computer program named "Douglas Edent" could be patented as an inventor.
2.Technical perspective: AI is an algorithm- and data-based technology, and its functionality and performance depend on training data and model structure. So, in a way, the inventors of AI should be those who design, develop, and optimize these algorithms and models. However, as technology evolves, more and more AI systems are able to learn and improve autonomously, which makes it more difficult to identify the true inventor.
3.Ethical perspective: Attributing patent rights to AI raises a number of ethical questions. On the one hand, if AI is seen as an inventor, then it may gain ownership and control over the technology it creates, which can lead to an unfair distribution of intellectual property. On the other hand, if AI cannot be an inventor, then its creators may lose the incentive to innovate because they cannot reap the proper rewards.
4.Business perspective: From a business perspective, attributing patent rights to AI could have a significant impact on related industries. For example, if an AI system is identified as the inventor of a certain technology, then the company that owns the technology may be required to pay a license fee to the system. In addition, this attribution may also affect aspects such as technology transfer, cooperation and competition.
Therefore, the question of whether the "inventor" of artificial intelligence can be patented involves many aspects such as law, technology, ethics and business. At present, the positions and practices of various countries in this regard are not uniform, and they may gradually become clear in the future with the development of technology and the deepening of international exchanges.
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