[HN Gopher] AI cannot be the inventor of a patent, appeals court...
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       AI cannot be the inventor of a patent, appeals court rules
        
       Author : belter
       Score  : 94 points
       Date   : 2021-09-24 09:04 UTC (1 days ago)
        
 (HTM) web link (www.bbc.com)
 (TXT) w3m dump (www.bbc.com)
        
       | rozim wrote:
       | I have wondered if robots can own assets for example if there's a
       | robot that walks around picking up aluminum cans and then taking
       | them to a recycling center and getting paid for them, can it
       | deposit that money in a bank account and be said to be the owner
       | of the assets.
        
         | dbtc wrote:
         | I think there's a difference between legal and practical
         | ownership.
         | 
         | Cryptocurrency is basically designed for this.
        
         | HPsquared wrote:
         | Robots are always owned by some human entity though, including
         | their bank account. It could just be another legal "virtual
         | person" like a corporation.
        
         | whbrown wrote:
         | No need to speculate, how about crows trained to pick up
         | cigarette butts?
         | 
         | It's probably up to the bank, and of course rather challenging
         | for them to pay their income taxes as we all must ...
        
           | wizzwizz4 wrote:
           | There's a minimum threshold, and I don't think crows would
           | earn enough to end up paying it. But if they did... surely
           | there's some mechanism for dealing with individuals who have
           | the capacity to provide significant value to society (=1 get
           | paid a lot), but lack the capacity to do government
           | paperwork.
           | 
           | 1: for the sake of argument, assume this
        
         | spaceman10 wrote:
         | This is a corporation with extra steps.
        
       | HMH wrote:
       | This very much reminds me of "The Measure of a Man" [1], one of
       | my favorite episodes of Star Trek: TNG. Just as in this actual
       | case AI rights are discussed, albeit things are a little more
       | dramatic than a ruling about patents. It has to be decided
       | whether to Data, an android/machine, should be granted the same
       | rights as to a person or if it is fine to dismantle him for
       | research purposes without asking.
       | 
       | While I agree with the current ruling in the UK, this statement
       | does not sit too well with me:
       | 
       | > "Only a person can have rights. A machine cannot," wrote Lady
       | Justice Elisabeth Laing in her judgement.
       | 
       | In my opinion this sets a bad precedent in case we ever achieve
       | artificial general intelligence (AGI) [2], which I think is
       | perfectly possible, especially considering that we humans are
       | nothing but complicated biological machines. And I think an AGI
       | should very much be considered a person. That's why I think the
       | way how a US judge in a prior cases put it is more agreeable:
       | 
       | > As technology evolves, there may come a time when artificial
       | intelligence reaches a level of sophistication such that it might
       | satisfy accepted meanings of inventorship.
       | 
       | > But that time has not yet arrived, and, if it does, it will be
       | up to Congress to decide how, if at all, it wants to expand the
       | scope of patent law.
       | 
       | But admittedly this is still all very hypothetical as I don't see
       | AGI happening in the near future and for now there is no real
       | problem.
       | 
       | [1]:
       | https://en.wikipedia.org/wiki/The_Measure_of_a_Man_%28Star_T...
       | 
       | [2]:
       | https://en.wikipedia.org/wiki/Artificial_general_intelligenc...
        
         | chime wrote:
         | > > "Only a person can have rights. A machine cannot," wrote
         | Lady Justice Elisabeth Laing in her judgement.
         | 
         | The fight will then be to get AGI classified as a person. If a
         | corporation can have personhood, it is not impossible for AGI
         | to have the same.
        
           | rhino369 wrote:
           | Corporate personhood is a misunderstood issue. They aren't
           | treated like a natural person. Corporations for example can't
           | be inventors on a patent either.
        
           | RcouF1uZ4gsC wrote:
           | > If a corporation can have personhood, it is not impossible
           | for AGI to have the same.
           | 
           | The basis for corporate personhood is that it is made up of
           | humans. The benefits of a corporation flow to real humans.
           | Real humans actually direct how a corporation will be run. In
           | the event of crimes, the corporate veil can be pierced to go
           | after the real humans behind it.
           | 
           | The "personhood" of corporations flows from the "personhood"
           | of the humans behind it.
           | 
           | Imagine a world where corporations held no rights at all. For
           | example, while an individual human had the right to freedom
           | of the press, a corporation like the New York Times would not
           | have that right.
        
           | GauntletWizard wrote:
           | Despite the consistent misinformation around it (very
           | frequently flat out lies), Corporate Personhood does not mean
           | that corporations are people. Corporate Personhood only
           | acknowledges that corporations are groups of people, and that
           | if it would be legal to gather a large group to do something,
           | doing so under the auspices of a corporation is also legal.
           | That is the precedent that Citizens United set - That it is
           | as legal to make political contributions and endorsements as
           | a corporation as you would as a rotary club. You can argue
           | that the rotary club shouldn't be allowed to make
           | contributions - And I would agree with you. I in fact,
           | encourage it. People should not be able to hide their
           | political contributions through entities like Trade Unions,
           | which are actually the most pertinent part of that class.
        
       | williamtrask wrote:
       | I'm very grateful for rulings like this. I think it's important
       | that we all remember that progress isn't the goal. Humans
       | flourishing is the goal. AI shouldn't be personified and add even
       | more actors with legitimate ability to compete for resources.
        
         | amelius wrote:
         | Perhaps AI can't get a patent, but AI can still generate prior
         | art and thus invalidate patents.
        
         | lordlic wrote:
         | Conscious beings flourishing is the goal, whether they be human
         | or AI.
         | 
         | That might seem like a fine distinction, but the importance
         | going forward is stark given a quote from TFA:
         | 
         | > The third judge, Lord Justice Birss, took a different view.
         | While he agreed that "machines are not persons" ...
        
       | dang wrote:
       | Loosely related past threads:
       | 
       |  _Only Humans, Not AI Machines, Can Get a U.S. Patent, Judge
       | Rules_ - https://news.ycombinator.com/item?id=28405333 - Sept
       | 2021 (7 comments)
       | 
       |  _South Africa issues world's first patent listing AI as
       | inventor_ - https://news.ycombinator.com/item?id=27995313 - July
       | 2021 (75 comments)
       | 
       |  _EPO and UKIPO Refuse AI-Invented Patent Applications_ -
       | https://news.ycombinator.com/item?id=21990346 - Jan 2020 (39
       | comments)
        
       | zw123456 wrote:
       | I am a research fellow at a large tech company and part of my job
       | is to produce a certain number of patents per year. I have used
       | AI as an "aid" to developing a patent several times but never
       | thought for one minute it would make sense to list AI as the
       | inventor. That is ridiculous. I have used Excel, R, Google
       | Search, Mathematica, Python and several other modeling tools etc.
       | to develop new IPR, obviously no one would list any of those. It
       | was me doing the inventing, I am just using tool like any other.
        
         | km3r wrote:
         | It's draws an interesting question though, at what point, if
         | ever, does an AI system move beyond the scope of a tool and
         | into the scope of an assistant? I don't think we are anywhere
         | near that yet, but it's conceivable that we reach a point where
         | that question needs to be answered.
        
       | [deleted]
        
       | advael wrote:
       | This seems like the antebellum for an IP reckoning similar to
       | what resulted in the DMCA in the United States in the late 90s.
       | The technology is getting to the point where it makes the law as
       | it stands pretty nonsensical in the face of what can be done
       | 
       | The scope of patents in software and technology is already
       | absurd, both because 12 years is an eternity for how quickly that
       | industry moves, and because increasingly trivial "inventions"
       | have been let through as the ability for patent officials to
       | interpret complicated digital innovations according to patent law
       | and policy has increasingly fallen behind the field. This is
       | already a serious problem, but currently still takes expensive
       | lawyers to take advantage of. Even if we make legal precedent
       | that says that AI can't own patents, the advent of better
       | purpose-specific text generation will quickly put patent trolling
       | in the hands of laypeople
       | 
       | Personally, I think the DMCA was a horrible mistake. The
       | provisions it added to copyright created a ton of horrible
       | precedent that led to the draconian control private companies
       | exert over the lives of billions of people worldwide, justified
       | in law by their intellectual property concerns. I believe that if
       | Intellectual Property ever served a legitimate purpose, it has
       | now run its course and needs to be dismantled. I hope that this
       | new challenge moves us more in this direction, rather than some
       | new awful legislative band-aid that attempts to preserve the
       | status quo by destroying more of our rights
        
         | TehCorwiz wrote:
         | I can understand why this is an unpopular take with this
         | community regarding IP rights. Despite this being a valid
         | opinion I'm noticing a lot of people complaining with their
         | downvote button instead of an argument.
        
           | advael wrote:
           | I agree, and my strong stance against IP as a legal principle
           | in general is extremely unpopular in just about any circle I
           | talk to. I nonetheless think it's both correct and important.
           | I think people have bought pretty heavily into the rhetoric
           | surrounding the value of IP: That it exists to protect the
           | rights of creators. As far as I can tell, there are three
           | major problems with this
           | 
           | 1. IP assignment is overwhelmingly not retained by the
           | creator of any work covered by IP. The vast overwhelming
           | majority of engineers, for example, have in their contract of
           | employment assigned all rights to any IP they generate in
           | their work to the company they work for. The same is true of
           | artists who contract with distributors
           | 
           | 2. Independent creators often have no ability to successfully
           | defend their IP claims, because said claims require expensive
           | litigation, the cases are never straightforward enough for a
           | summary judgement, and the individual nature of the claims
           | mean that a class action lawsuit is nearly always infeasible
           | 
           | 3. The way that IP law has been interpreted, especially under
           | the DMCA, is incredibly abusable. The early history of the
           | DMCA saw massive lawsuits filed by corporations against
           | individuals based on obviously ridiculous numbers calculated
           | as "potential lost sales" using flimsy evidence. A whole new
           | business model of tech patent trolling has created a cottage
           | industry that makes as many spurious claims as it can in
           | order to leech money from businesses without producing
           | anything of value. The current reading of the DMCA stymies
           | users' attempts to repair their devices or even protect their
           | privacy, because they can be criminally liable for attempts
           | to modify devices that can be argued to be partially acting
           | as DRM mechanisms, sometimes on the code running on the
           | device itself.
           | 
           | When we talk about the value of a law or policy, the _intent_
           | of the law is at best a diagnostic tool for an untested new
           | kind of attempt at something. At the end of the day, it doesn
           | 't matter what a policy or law intends, it matters what the
           | effects of the law are when interpreted and enforced.
           | Intellectual Property as a legal paradigm generally is
           | malfunctioning in a lot of places that harm people, harm
           | society, and fail to uphold its promise. I think that the
           | concept of ownership over ideas as a whole is at this phase
           | in humman history doing much, much more harm than good, and
           | needs to be eroded and eventually abolished from law
           | 
           | As for how creative people can make money off of their work
           | in an environment without IP, there's actually a pretty clear
           | answer for this that is not even my observation. Most
           | creative work right now is paid for at production, not based
           | on IP rights. The engineers working at a company are paid for
           | their time and labor, and sign over the IP they produce.
           | Independent artists work on commissions, and at a larger
           | scale, crowdfund their projects. It is only the occasionally
           | very established and wealthy artist or inventor that can
           | really take advantage of IP laws, and their beneficiaries are
           | as it stands mostly large corporations, treating IP as
           | effectively a dragon hoard.
        
       | brian_herman wrote:
       | Why not setup a corporation for the AI to file the patents. This
       | would have corporate personhood and represent the AI.
        
         | Vespasian wrote:
         | As others have said, he is specifically trying to get an AI
         | recognized as an Inventor instead of a human (where that is
         | required). The invention does not seem to be important to him
         | at all.
         | 
         | He is filling similar cases all around the the globe and is
         | (mostly) loosing.
         | 
         | It remains unclear whether his motivation is financial or
         | ideological or something different all together.
        
         | bdowling wrote:
         | In the U.S., the inventor must be a natural person. The owner,
         | however, is often a corporation (e.g., when an employee invents
         | something in the scope of employment). In that case the owner
         | corporation applies for the patent in the inventor's name, but
         | it will own all the rights in the patent. The inventor usually
         | signs an inventor declaration.
         | 
         | In other countries the inventor can be a corporation. There are
         | some cases where this matters (e.g., disputes over inventorship
         | or ownership of the invention of an employee), but in most
         | cases it probably doesn't matter.
        
       | awinter-py wrote:
       | > The third judge, Lord Justice Birss ... also signalled that the
       | patent case could have been made simpler if only Mr Thaler "was
       | not such an obsessive".
        
       | driverdan wrote:
       | By AI he means mathematical equation. When you reword this to
       | "Mathematical equation cannot be the inventor of a patent" it
       | sounds obvious and stupid. And that's because it is. Of course an
       | equation can't patent something.
        
         | edouard-harris wrote:
         | Given that all human behavior can (very likely) be reduced to
         | mathematical equations too, I'm not sure this is a convincing
         | reductio. It certainly doesn't seem obvious that a rule like
         | this could be consistently applied if, for example, AIs became
         | as capable as humans -- or far more so.
        
           | tired_and_awake wrote:
           | > human behavior can ultimately be reduced to mathematical
           | equations
           | 
           | Wait what? Source?
        
           | mrbungie wrote:
           | I think a lot of people would expect some evidence for your
           | first phrase.
        
             | edouard-harris wrote:
             | You're right. I'll edit the parent to soften the assertion,
             | though I do consider it to be virtually certain.
             | 
             | In terms of evidence: the simplest argument is probably
             | that humans appear to consistently obey the laws of
             | physics, and the laws of physics appear to be mathematical.
        
             | canjobear wrote:
             | Given sufficiently powerful computers, human behavior could
             | be simulated. The action of the computer would be
             | describable as a (possibly enormously long and complicated)
             | equation. I don't see how you can disagree with this unless
             | you think there is something metaphysically inexplicable
             | about human behavior.
        
               | reverend_gonzo wrote:
               | Sure, and those sufficiently powerful computers don't
               | exist yet.
        
               | 2muchcoffeeman wrote:
               | Basically this line of argument boils down to assuming
               | something about something we don't and may never have.
               | 
               | Until we have this technology should we adjust laws for
               | hypotheticals? No.
        
               | canjobear wrote:
               | Put another way: the claim that humans cannot be modeled
               | as equations equates to the claim that humans cannot be
               | modeled using physics. Do you want to defend that?
        
             | lordlic wrote:
             | See https://en.wikipedia.org/wiki/Computationalism
             | 
             | It's a very common worldview among the tech set.
        
       | wil421 wrote:
       | AI doesn't exist. In the past 5-10 years AI has been rewritten to
       | AGI. AI now means math models. Just look at the movie AI and
       | others like it. I guess when you become a buzzword it's time to
       | change the meaning. Thankfully the UK and US court system are
       | sane.
       | 
       | When "AI" says no I don't want to invent a patent I want to play
       | music (or whatever else it may desire) I'll believe it exists.
       | 
       | Machine learning, deep learning and gradient decent are better
       | terms.
        
       | beervirus wrote:
       | The UK court of appeal.
        
       | latortuga wrote:
       | I wonder how this will dovetail with something like GitHub
       | copilot. Obviously there will have to be a line somewhere. AI
       | wrote 10% of the code in this system => patent allowed. AI wrote
       | 90% => no patent. But where is the line?
        
       | marcodiego wrote:
       | What if my AI invents something and then someone else patents it?
       | Can I use the invention from my AI as prior art?
        
         | tyre wrote:
         | Remove "AI" and it makes sense.
         | 
         | If you invent something and someone else patents it, you show
         | prior art to invalidate the patent.
         | 
         | Whether you used software or a lathe or a lawnmower or excel to
         | make the thing doesn't matter.
        
           | superjan wrote:
           | It is only prior art if it is made public. If you invent
           | something and keep it secret someone else can still patent
           | it.
        
           | mmmBacon wrote:
           | In US we've moved from first to invent to first to file. This
           | makes prior art a lot less relevant.
        
             | jefftk wrote:
             | First to file means that, as someone who invented earlier
             | but did not file, you aren't going to be able to get that
             | the patent reassigned to you. But you can still use your
             | prior art to get the patent invalidated.
             | 
             | (Not a lawyer)
        
               | bdowling wrote:
               | > ...as someone who invented earlier but did not file,
               | you aren't going to be able to get that the patent
               | reassigned to you.
               | 
               | There's an exception: When a second applicant disclosed
               | the invention publicly both prior to the first
               | application and less than one year prior to the second
               | application.
               | 
               | Another note: Prior art needs to be publicly available.
               | So, a first inventor's private notes can't invalidate a
               | second inventor's patent. In the old first-to-invent
               | system, however, the private notes of a first inventor
               | could allow the first inventor to get the patent ahead of
               | a second inventor who filed first.
        
         | ghaff wrote:
         | IANAL but presumably any prior art involving a computer or
         | other type of machinery you created is effectively your prior
         | art. The fact there were tools evolved wouldn't generally
         | matter.
        
         | Ekaros wrote:
         | Depends, AI you are running or AI you are selling? I don't see
         | how AI would make much difference compared to let's say
         | simulation software for some chemical process or anything at
         | all.
         | 
         | If you were running it and someone stole the results prior art
         | would likely be yours. If you allowed someone to run it with
         | their own inputs it would likely be theirs.
        
       | bdowling wrote:
       | The applicant recorded his AI as the inventor for some reason
       | (*). Had the applicant recorded himself as the inventor having
       | used the AI as a tool to invent, then the application probably
       | would have been allowed.
       | 
       | Using a mechanical process to search a large possibility space to
       | find a patentable subspace is not new. For example, testing
       | chemical compounds to find a mixture with optimal properties or
       | testing drug dosages to find the most effective treatment is
       | common. The resulting narrow range of mixtures or dosages is
       | patentable so long as it is new (not done before), non-obvious
       | (inventive), useful, etc. Also, if I hire other people to do the
       | lab work at my direction, then I am still the inventor, not the
       | lab technicians. Similarly, AI is just another tool.
       | 
       | Edit: (*) After looking into this more, the applicant here is on
       | a crusade to have an AI recognized as an inventor.
       | https://artificialinventor.com/patent-applications/. That web
       | site contains nonsense like the following:
       | 
       | > _Arguably, DABUS may be considered "sentient" in that any
       | chain-based concept launches a series of memories (i.e., affect
       | chains) that sometimes terminate in critical recollections,
       | thereby launching a tide of artificial molecules. It is these
       | associated memory sequences, and the accompanying simulated
       | neurotransmitter rush, that are considered equivalent to
       | subjective feelings in humans (i.e., sentience). In this way,
       | DABUS has an emotional appreciation for what it conceives._
        
       | Andrex wrote:
       | I see where this is going.
       | 
       | https://www.youtube.com/watch?v=wv_Y-norYPU
        
         | AussieWog93 wrote:
         | I had the same initial reaction, but it makes sense for the
         | laws to be written based on current reality and not some
         | hypothetical future.
         | 
         | AIs are not conscious (now), nor do they elicit anything
         | resembling consciousness.
         | 
         | If that changes, the law can (should) change with it.
        
           | Ekaros wrote:
           | I would even extend this to other animals. If we reach a
           | point where they can communicate and work in legal system
           | like humans they should also gain authorship rights.
           | 
           | Now what standards and how to apply them is complicated
           | question. Specially with software. Which can be written to
           | make complex actions. But still not have consciousness
        
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