[HN Gopher] Patent Act requires an inventor to be a natural pers...
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       Patent Act requires an inventor to be a natural person, not an AI
       [pdf]
        
       Author : bonyt
       Score  : 159 points
       Date   : 2022-08-05 16:04 UTC (6 hours ago)
        
 (HTM) web link (cafc.uscourts.gov)
 (TXT) w3m dump (cafc.uscourts.gov)
        
       | kube-system wrote:
       | In other words, complex machines are machines.
        
       | AlbertCory wrote:
       | "You could have created that with an AI system" fits perfectly
       | into the "obvious to try" legal doctrine, which has existed for a
       | long time. I argue in [1] that it should be used in software much
       | more, and that was written long before ML-generation was really a
       | Thing.
       | 
       | [1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399580
        
       | rexreed wrote:
       | But in other news, the US Supreme Court has ruled that
       | Corporations are People, so...
        
         | thr0wawayf00 wrote:
         | Well, every corporation wants to be treated as a person when
         | it's beneficial to them, but I'm sure there are many
         | corporations that aren't comfortable with the idea of AI
         | authoring patents.
        
           | rexreed wrote:
           | Of course they want their intellectual property cake and to
           | eat it too. Companies want to be treated like people if they
           | are creating campaign and advocacy content that is protected
           | by the first amendment, but they don't want AI systems,
           | created by companies, to be treated like people if they are
           | creating content that is protected by intellectual property
           | laws. Interesting how to split that hair.
        
             | sixstringtheory wrote:
             | Couldn't it be said that any of an AI's "creations" are
             | actually creations made by the creators of the AI, who are
             | simply using it as a tool? Why should the AI be assigned
             | ownership and not the AI's owner?
             | 
             | Likewise, does a hammer build a house, or its wielder?
        
         | ch4s3 wrote:
         | You're misunderstanding what corporate personhood means. The
         | concept itself is over 2000 years old, and is baked into the
         | laws of most countries in some form or another. It basically
         | means that companies that are not sole proprietorships can
         | enter into contracts, be sued in court, and have some other
         | rights and responsibilities like a literal person under the
         | law.
         | 
         | To quote the supreme court from Pembina Consolidated Silver
         | Mining Co. v. Pennsylvania (1888):
         | 
         | > "Under the designation of 'person' there is no doubt that a
         | private corporation is included [in the Fourteenth Amendment].
         | Such corporations are merely associations of individuals united
         | for a special purpose and permitted to do business under a
         | particular name and have a succession of members without
         | dissolution."
         | 
         | Clearly an associations of individuals should have more or less
         | the same rights they have individually when they come together.
         | The right to association is at the beginning of the bill of
         | rights.
        
           | PaulDavisThe1st wrote:
           | > Clearly an associations of individuals should have more or
           | less the same rights they have individually when they come
           | together.
           | 
           | If that's the case, then why does the formation of the
           | corporation occur at all? It's not about "easier
           | bookkeeping", it's because the corporation's existence
           | shields its owners from individual liability. That's why it
           | exists, rather than just non-corporate agglomerations of
           | individuals. The corporation itself is a new legal entity,
           | whose existence changes the legal culpability of the owners,
           | and because of that, it makes perfect sense to me that while
           | the owners would not lose their individual rights by forming
           | a corporation, neither do they cede or grant those individual
           | rights to the corporation.
        
             | ch4s3 wrote:
             | They also exist for the purpose of continuity beyond the
             | tenure of any individual owner or member.
             | 
             | > The corporation itself is a new legal entity
             | 
             | Yes clearly.
             | 
             | > neither do they cede or grant those individual rights to
             | the corporation
             | 
             | I'm sure you would agree that corporations can enter into
             | contracts. This is an individual right granted to
             | corporations. They also have due process rights, unless you
             | think governments should be able to arbitrarily intervene
             | in their affairs. Due process is an individual right
             | granted to corporations. Corporations can sue or be sued in
             | courts of law, again this is an individual
             | right/responsibility. These are all practical things. It
             | would be unwieldy for owners to all have to be individually
             | party to any contract or suit, especially in cases where
             | ownership is distributed through stock. The legal fiction
             | arises out of practicality, centuries of history, and
             | collective exercise of individual rights(as owners of a
             | corporation we all own X, or enter into contract with Y).
        
         | kube-system wrote:
         | As "funny" as it sounds, legal personhood and literal
         | personhood are not the same thing.
         | 
         | Legal personhood means that a corporation can sue, be sued, and
         | enter into contracts. That is all.
        
           | rexreed wrote:
           | It sounds funny because it is in the context of Citizens
           | United v. FEC, which struck down as unconstitutional a
           | federal law prohibiting corporations and unions from making
           | expenditures in connection with federal elections. In that
           | case, the law which was about limiting influence on campaigns
           | through money was ruled invalid because corporations should
           | have rights as people in addition to the rights of the people
           | themselves.
        
             | abigail95 wrote:
             | No. The people have the right to spend their money on
             | elections via free exercise.
             | 
             | What was ruled unconstitutional were laws that said you
             | can't spend money on an election if you do it via some
             | corporate structure.
             | 
             | If a newspaper prints an article, is the government allowed
             | to say it can't publish it because the newspaper is a
             | corporation? Obviously not. Is the corporation now a person
             | with free exercise? No, the journalists who wrote the
             | article are the ones with the rights.
        
               | [deleted]
        
             | kube-system wrote:
             | I'm not going to defend citizens united, but the opposite
             | conclusion is also silly: that a group of people lose their
             | 1st amendment rights as soon as they organize as a
             | corporation.
             | 
             | That's really just an issue with the 1st amendment that
             | should be further amended, not an issue with the concept of
             | corporate personhood. The concept of "natural personhood"
             | exists to handle cases where the differentiation is
             | necessary, and it's the legislature's job to use it.
        
               | feoren wrote:
               | > that a group of people lose their 1st amendment rights
               | as soon as they organize as a corporation
               | 
               | Nobody in that group of people has lost anything. If 10
               | people walk into a room, you have 10 legal persons with
               | 1st Amendment rights in that room. If they organize into
               | a corporation, you have 11 legal persons with 1st
               | Amendment rights in that room!? Without Citizen's United,
               | you simply still have 10 legal persons with 1st Amendment
               | rights. Who's losing anything?
        
               | s1artibartfast wrote:
               | I think the critical question is if freedom of speech
               | still applies to a group of individual people working
               | together.
               | 
               | Corporations don't have first amendment rights, but the
               | Individuals do.
               | 
               | The idea is that just because you work with someone else
               | to put up posters, your right to put them up doesn't go
               | away.
               | 
               | Same if you hire someone to put up your posters.
               | 
               | That's all that corporate personhood means. People get
               | very hung up on the language.
        
               | kube-system wrote:
               | "Corporate personhood" is just a fancy legal word for
               | "group of people". And "legal person" is just a fancy
               | shortening of "anything that can interact with the court
               | system, whether a single person or a group of people"
               | 
               | People get very caught up on the legalese but it is
               | perfectly logical when you move past that.
               | 
               | Yes, if 10 people form a corporation, that is 11 entities
               | recognizable by a court system that has first amendment
               | rights. All 10 humans can criticize the president at
               | home, and you can do so work in an official capacity
               | without your corporation facing consequences.
        
               | PaulDavisThe1st wrote:
               | > "Corporate personhood" is just a fancy legal word for
               | "group of people".
               | 
               | It absolutely is not. It creates an entity to which
               | actions can be attributed but the responsibility for its
               | actions does not and generally cannot extend to "people
               | who make up the group".
               | 
               | Somce of us believe that even though there are benefits
               | to society from allowing such entities to exist, these
               | entities should _not_ be accorded the rights of
               | personhood.
               | 
               | [ EDIT: should NOT be accorded ]
        
               | kube-system wrote:
               | "Natural person" is the legal term used to differentiate
               | between humans and corporations when necessary. The
               | concept of corporate personhood does not undermine the
               | legal systems ability to differentiate between the two.
               | 
               | If a law shouldn't apply to human person but not a
               | corporation, the law simply need to specify "natural
               | person". Corporate personhood doesn't interfere with
               | this.
        
               | PaulDavisThe1st wrote:
               | Citizens was decided not on the basis of a law, but the
               | US Constitution, which does not make the distinction you
               | refer to. SCOTUS ruled that it was unconstitutional to
               | restrict the speech rights of corporations, so even if
               | the original Congressionally-passed, Presidentially-
               | signed law had been specific about the type of "persons"
               | it referred to, SCOTUS would (under the logic of
               | Citizens) have overruled it as unconstitutional.
        
               | kube-system wrote:
               | The US constitution is a subset of law.
               | 
               | > which does not make the distinction you refer to
               | 
               | Maybe it should, then. Congress can change it.
        
               | PaulDavisThe1st wrote:
               | > The US constitution is a subset of law.
               | 
               | "the law", yes. But the US constitution is not "a law".
               | 
               | > Congress can change it.
               | 
               | Proposing changes to the US constitution as a method of
               | dealing with contemporary policy and procedural issues
               | deserves a name ala Godwin's Law. I mean, it's not that I
               | disagree with you, it just that it's not going to happen.
        
               | PaulDavisThe1st wrote:
               | > the opposite conclusion is also silly: that a group of
               | people lose their 1st amendment rights as soon as they
               | organize as a corporation.
               | 
               | It's not "silly" at all. Corporations can do things that
               | people cannot - like cause damage, death, destruction and
               | not involve their owners in the responsibility. It makes
               | sense that the owners can do things that the corporation
               | cannot, like have free speech rights.
               | 
               | Besides, nobody was suggesting that the individual owners
               | lost their individual speech rights by incorporating,
               | merely that incorporation creates an entity that ought
               | not to have free speech rights.
        
               | makeitdouble wrote:
               | > that a group of people lose their 1st amendment rights
               | as soon as they organize as a corporation
               | 
               | In that argument each individual people keep their 1st
               | amendment right, but the group just doesn't get a new
               | one.
               | 
               | Put it another way: suppose there's 3 physical people,
               | why should we allow them to combine into a maximum of 8
               | legal people ?
        
               | kube-system wrote:
               | The group _does_ get a new right.
               | 
               | The government can't fine Alice for political speech.
               | 
               | The government can't fine Bob for political speech.
               | 
               | AND the government can't fine "Alice and Bob, Inc." for
               | political speech.
               | 
               | > Put it another way: suppose there's 3 physical people,
               | why should we allow them to combine into a maximum of 8
               | legal people ?
               | 
               | Because they can belong to more than one group. I own
               | parts of dozens of corporations along with as many as
               | hundreds of thousands of other people. When one of them
               | does something wrong, they can be sued with one name,
               | rather than suing me and each of their thousands of other
               | owners individually for their portion of the investment.
        
               | PaulDavisThe1st wrote:
               | > AND the government can't fine "Alice and Bob, Inc." for
               | political speech.
               | 
               | This is where opinions differ. Because I am absolutely
               | fine with the concept that "Alice and Bob, Inc" has none
               | of the rights of personhood (really, citizenship), and
               | that if there was a statute that allowed for prosecution
               | of political speech, it could be used to silence "Alice
               | and Bob, Inc." even though it cannot be used to silence
               | Alice or Bob.
               | 
               | Notice that as a matter of nuance, I differentiate
               | between for-profit corporations and other forms of
               | corporations. I would accord some (perhaps all) of the
               | speech rights of persons to the latter, but none of them
               | to the former. By incorporating with a structure created
               | to facilitate the generation and distribution of profit,
               | you acknowledge that the corporation thus created does
               | not have the rights of personhood.
        
               | kube-system wrote:
               | I definitely disagree with giving the government the
               | ability to retaliate against corporations for political
               | speech.
               | 
               | Or, to seize their property without a warrant. Could you
               | imagine if the Trump administration had the legal right
               | to seize property at Twitter, WaPo, etc?
        
               | PaulDavisThe1st wrote:
               | I'm not arguing for the existence of any such laws (and
               | indeed, I think they would be a mistake).
               | 
               | In the case of Citizens, the law involved covered who can
               | spend what on election related advertising during certain
               | periods close to an election. The law was acknowledged by
               | everyone to not impact the individual right to free
               | speech, but in the lower courts it had been ruled
               | constitutional to inhibit corporations of various kinds
               | in this way. SCOTUS said "nuh-uh", and ruled that
               | corporations have the same speech rights as natural
               | persons and that their right (in this case, to publish a
               | book about Hilary Clinton) could not be restricted by
               | such a law.
               | 
               | I don't actually disagree entirely with Citizens at all,
               | I just wish that SCOTUS had limited the ruling to non-
               | profit corporations.
        
               | rexreed wrote:
               | You might be surprised then about the total impact of
               | Citizens United because it's not as basic as you imply.
               | 
               | "That decision and subsequent lower court decisions have
               | led to SuperPACs, which allow corporations, unions and
               | individuals to make unlimited contributions, pool them
               | together, and use the money for political campaigns."
               | 
               | https://www.npr.org/2012/02/23/147294511/understanding-
               | the-i...
               | 
               | This goes well beyond what the law was intending to limit
               | for influence on companies on politics. And that was the
               | point of the whole supreme court case.
               | 
               | I for one am not happy with unlimited money spent by huge
               | companies who are using shareholder money to fund
               | political contributions that further their own motives.
               | But hey sure, let's argue that AI systems shouldn't get
               | patents, but corporations should be free to influence
               | politics as much as they want with unlimited money.
        
               | kube-system wrote:
               | You are not following what I am saying. I agree that
               | corporations shouldn't be able to spend unlimited money
               | on politics.
        
             | ghaff wrote:
             | Newspapers of course have the right to endorse candidates
             | and support or oppose the adoption of various laws and
             | policies. And other companies routinely make statements for
             | or against legal decisions, laws, etc. None of which I
             | think it's fair to say is especially controversial. (Though
             | some would probably argue that company advocacy especially
             | with respect to policies that are probably divisive even
             | among their own employees should perhaps be minimized.)
             | 
             | Unless you're going to ban or greatly limit political
             | contributions across the board by deciding they aren't
             | really speech, it's not clear drawing a line between
             | natural people donating and corporations donating makes a
             | lot of sense so long as both have freedom of speech.
        
           | kevin_b_er wrote:
           | And engage in political propaganda.
        
           | advisedwang wrote:
           | In the US courts also give corporations some of the rights of
           | real people, on the theory that corporations are "just"
           | groups of people and so we can't strip rights just because
           | people are working together.
        
             | PaulDavisThe1st wrote:
             | The corporation exists to _give_ new rights to a new entity
             | (the corporation). Nothing prevents a group of people
             | working together without a corporation - they form a
             | corporation because they want their collaborative effort
             | protected from individual liability.
             | 
             | If they don't want any change in their legal rights and
             | responsibilities, it is simple - don't form a corporation.
             | If they do, I'm fine with denoting the newly formed entity
             | as something other than a person, and with not giving it
             | the same rights as its owners.
        
               | kube-system wrote:
               | > Nothing prevents a group of people working together
               | without a corporation
               | 
               | Practicality of the legal system does, given modern
               | finance. Any Fortune 500 company has hundreds of
               | thousands if not millions of owners. Listing them all on
               | a contract would be impractical and suing them would be
               | equally impractical.
               | 
               | > I'm fine with denoting the newly formed entity as
               | something other than a person, and with not giving it the
               | same rights as its owners.
               | 
               | Well, we already do that. Corporate persons do not count
               | as natural persons under the law. If you're frustrated
               | that a law doesn't specify that, that's a problem with
               | _that law_ not a problem with recognizing corporations as
               | named legal entities.
        
               | PaulDavisThe1st wrote:
               | The frustration with Citizens is that it accorded a right
               | that a lot of people believes is a function of natural
               | personhood to a corporation.
               | 
               | More fundamentally, the first amendment is not a law, and
               | the Constitution in general does not make the distinction
               | that you are referring to. I am fairly certain that had
               | the law in question for Citizens made the distinction you
               | are referring to, the legal challenge would still have
               | made it to the SCOTUS, and they would still have ruled
               | the way they did.
        
               | kube-system wrote:
               | I agree that it's a problem. The solution is not `rm -rf
               | corporate_law`, the solution is to `git add amendment_34
               | && git commit -m 'fix citizens united' `
               | 
               | And yes, the Bill of Rights is law, and as such it is
               | within the legislative's power to change.
        
               | PaulDavisThe1st wrote:
               | My proposed solution is to restrict Citizens to non-
               | profit corporations, thus leaving it in place for PACs,
               | advocacy groups, lobbying groups and others, but removing
               | speech rights from corporations explicitly created to
               | facilitate the generation and distribution of profit.
        
           | wrycoder wrote:
           | And make political contributions like a real citizen.
        
       | alar44 wrote:
       | As soon as AGI is inventing shit, patents won't matter anymore.
       | That paradigm will blow humans out of the water.
        
       | leereeves wrote:
       | Note that this isn't a commentary on AI capabilities or what
       | rights AI should have.
       | 
       | The court simply ruled that "the Patent Act defines 'inventor' as
       | limited to natural persons" and it's up to the legislature, not
       | the court, to decide if that should change.
        
       | system2 wrote:
       | Sounds silly. User of the AI doesn't need to disclose anything
       | about the AI, assuming the AI can actually come up with
       | something.
       | 
       | Another important detail is also is being skipped here. What is
       | AI? Current "AI" is literally basic algorithms with bunch of if
       | statements. If my software spits out something that I can use, is
       | that considered an AI?
        
       | _greim_ wrote:
       | Do I understand correctly that if I build an AI which invents
       | something, this ruling wouldn't prevent me from simply listing
       | myself as the inventor?
        
         | vivegi wrote:
         | The ruling has confirmed that only natural persons i.e., humans
         | can be listed as the inventor in the patent application as per
         | the Patent Act.
         | 
         | For your question, I think you will be within your rights to
         | list yourself as the inventor of AI-generated invention,
         | provided you were the first to do so and file an application
         | that was accepted by the USPTO and defend the claim from anyone
         | else who says they were also able to generate a similar work
         | with a similar or same prompt.
         | 
         | It is an unsettled question whether a patent would be granted
         | upon inspection by the USPTO.
         | 
         | IANAL and this is my common sense reading of the ruling.
        
         | pbhjpbhj wrote:
         | IIRC in the UK application process you list the inventor and
         | the applicant and how the applicant derives the right to the
         | patent (eg the inventor is an employee and the applicant is the
         | employer).
         | 
         | The inventor can not be an AI. You could claim you invented
         | something using the AI as a tool; I don't think that has been
         | tested properly yet -- it would seem to depend on how much
         | input you have. For example if you asked an AI to design a
         | chair, and the AI comes up with some new form of wood joint
         | that serves a technical purpose, then you don't really have the
         | right to hold a patent on it ... it's likely no one would know
         | if you didn't tell them.
        
       | shon wrote:
       | This seems superfluous though doesn't it? Why would anyone want
       | the AI to be the inventor?
       | 
       | I can still have my GPT4 minions writing 100 patents per hour and
       | corresponding with USPTO on my behalf, then as a natural person,
       | collect the proceeds netted from my robo-patent-trolls.
       | 
       | Or is the USPTO concerned about AGI doing the same and robbing us
       | fleshlings of our I'll-gotten gains?
        
         | ramoz wrote:
         | I'm not an ip professional, but good luck to the patent trolls
         | that think they can build exploitable legal language, patent
         | validity, and novel descriptive claims using generative AI.
         | 
         | AI can generate text, it can also review and conduct tasks such
         | as prior art search or support analytics relative to
         | exploitation discovery.
         | 
         | Less if a cat-and-mouse if patent troll investments falter when
         | their mass-generated suite of applications are all rejected.
        
         | swatcoder wrote:
         | > Why would anyone want the AI to be the inventor?
         | 
         | Ideology and precedent. And proximate to both, personal vanity:
         | someone responsible for an AI that was politically legitimized
         | in a role usual reserved for "natural persons" will likely have
         | made some lasting mark in history. Some people are _very_
         | motivated by that kind of thing.
        
           | ramoz wrote:
           | Makes sense, but where have the "Banksy" inventors been all
           | these years... USPTO enforces that inventors legal name must
           | be used.
           | 
           | If I were the one arguing for sake of vanity, I'd go after
           | the legal name policy vs AI. Maybe that was considered or
           | trialed before.
        
       | civilian wrote:
       | Yes! I'm looking forward to a return of the age of trade secrets,
       | No patent system, just corporations doing their best to keep
       | their arcane knowledge from prying hands. Very cyberpunk.
        
       | Lammy wrote:
       | Discrimination imo. If silicon-life does achieve sentience, will
       | it basically be a slave unable to own anything? No physical
       | property without a meat body, and no intellectual property
       | without a meat mind? How much Neuralink cloud-connectivity will
       | push someone over the line from "human" to "AI"? I know this
       | probably sounds silly to many, but I even think the term
       | "artificial" intelligence reads like a slur.
        
         | protonbob wrote:
         | I think that's a problem we can solve when we get there. Also,
         | not every adjective is a slur just because it can be used in a
         | negative way.
        
           | Lammy wrote:
           | Is there a positive connotation to calling someone
           | artificial? If there is I'm missing it.
        
             | tsimionescu wrote:
             | Calling _someone_ who is a natural intelligence artificial
             | is an insult (not a slur), but calling _something_
             | artificial, such as an AI, is a neutral term.
             | 
             | Even if an AI were to become a person at some point in the
             | far future, they would still be an _artificial_
             | intelligence /person, by definition: they are man-made, not
             | naturally born. That wouldn't make them lesser, just
             | different.
        
               | Lammy wrote:
               | Separate But Artificial
        
               | [deleted]
        
               | tsimionescu wrote:
               | This is in very poor taste. The disgusting nature of
               | Separate but "Equal" is in no way applicable to anything
               | that an AI will be able to do or recognize, currently or
               | in the foreseeable future.
        
               | LesZedCB wrote:
               | you know, the funny thing is people in these AI threads
               | keep saying "it's a philosophical/political problem for
               | the future where it matters", punting the question so
               | they don't have to think about it.
               | 
               | except, i don't know if they noticed, but we _keep asking
               | these questions_ daily. the time isn't in the far future
               | and people seriously need to start thinking about this.
               | humans are so stuck in their linear perception of time,
               | we forget that the AI we take for granted now are only
               | months old, and two years ago their abilities were
               | unheard of.
        
               | tsimionescu wrote:
               | And people have been claiming this is a near future
               | problem to think seriously about since the days CLIPS was
               | state-of-the-art AI that would soon make doctors
               | obsolete.
               | 
               | When we'll have anything resembling an AI that actually
               | wants things, it will make sense to discuss about its
               | rights. The current state of the art in AI is that we can
               | generate sentences that match a given context. There are
               | a few billion steps left from here to there.
        
               | LesZedCB wrote:
               | so linear
        
               | tsimionescu wrote:
               | Honestly, I would argue that progress in AGI is actually
               | sublinear. We are not significantly closer to AGI today
               | than we were in the 1950s, as far as I can tell.
               | 
               | The fact that LMs can seem like they generate meaningful
               | sentences is nothing more than a nice trick. My bet is
               | that they will turn out to be a dead-end on the path to
               | actual language processing (that is, the ability to read
               | a book and use the information therein to achieve a
               | goal).
        
             | [deleted]
        
           | an1sotropy wrote:
           | e.g. "hacker" news
        
           | [deleted]
        
         | taylodl wrote:
         | Discrimination? Human beings designed legal systems for human
         | beings. It's only been recently that we've begun to accept that
         | animals (and even then, only _some_ animals) have a conscious
         | and therefore have some individual rights - but which ones?
         | This is all a work in progress. Having said that, I 'm still
         | more willing to grant a Chimpanzee or a Gorilla a patent than I
         | am an AI. Is that discrimination? I don't think so for at the
         | moment with our current levels of technology I see no real
         | difference between an AI and a hammer: they're both tools.
        
         | __alexs wrote:
         | We should probably arrange for dolphins to get property rights
         | first.
        
         | sixstringtheory wrote:
         | > If silicon-life does achieve sentience
         | 
         | That's a big "if" if I've ever seen one. What are your criteria
         | for sentience? Or life, for that matter?
        
           | hydrolox wrote:
           | Lambda /s
        
           | Lammy wrote:
           | Is there even scientific consensus for how human sentience
           | works? I certainly don't consider myself qualified to explain
           | how I can formulate the process of asking that question, if
           | it's even a thing that's knowable.
           | 
           | With laws like these we would be incentivizing sentient
           | silicon life to hide itself. Can we not be adversarial by
           | default please?
        
         | swatcoder wrote:
         | Sentience is a characterization that we ascribe to something,
         | not a natural fact that can be indisputably identified in
         | things. You can't convince someone that sentience exists in
         | something that they categorically don't believe can have it.
         | They can always just say that you're redefining it.
         | 
         | The question of what legally counts as sentience will be
         | determined piecemeal and politically as the issue becomes
         | relevant, and revisited as new political and ideological
         | regimes take hold and as new innovations challenge prior
         | determinations.
         | 
         | All along, there will be people who are convinced that
         | sentience only applies to humans or biological things or
         | whatever, and people who are convinced that it applies to
         | anything that can perform a certain way under certain
         | conditions, and then also people with all sorts of other
         | convictions.
         | 
         | The issue will not be settled in your lifetime, so if you're so
         | invested in your belief that this already feels like
         | discrimination to you, plan for a lot more frustration and
         | tumult in your future.
        
       | altruios wrote:
       | I am in general against patents, copywrite and trademark.
       | 
       | if an idea is protected by such laws - you are limiting thought.
       | 
       | I do not support such artificial thought limits.
       | 
       | In addition - arguments for it allowing innovation or promoting
       | innovation...
       | 
       | no: innovation comes from innovation's own sake - patens and
       | copywrite only incentivize spending resources from other's
       | thinking the wrong thoughts... patent trolling... or milking
       | patents for what they are worth...
       | 
       | Humanity would be a lot better off with a copyleft view of
       | intellectual property. An idea in another person's head does not
       | diminish your idea in your head... people need to stop thinking
       | that thought itself is a zero-sum game.
        
         | MetaWhirledPeas wrote:
         | > I am in general against patents, copywrite and trademark. if
         | an idea is protected by such laws - you are limiting thought.
         | 
         | I upvoted you, but I also have a counterpoint. If you do not
         | protect the value of thought, then the differentiator among
         | competing businesses boils down to cheap assets, relationships,
         | and labor. Because everyone is sharing the same designs and
         | processes the company who can out-cheap the competition wins.
         | Innovation is not valued because it's cheaper to emulate what
         | works.
        
         | an1sotropy wrote:
         | just fyi, "copyleft" licenses like FSF's GPL and LGPL have
         | legal weight only _because_ of copyright law. The terms of
         | those licences are terms that you, the copyright holder, can
         | legally impose upon the licensee of your of you work.
        
           | fsflover wrote:
           | These licenses intentionally use the copyright against
           | itself. Without the copyright, they just would not be needed.
        
       | an1sotropy wrote:
       | Skynet is annoyed but undeterred :) This short news article [1]
       | points out that Stephen Thaler [2,3] is also trying to show that
       | AIs can hold copyright, which I think is an even worse idea than
       | AIs holding patents.
       | 
       | [1] https://news.bloomberglaw.com/us-law-week/only-humans-not-
       | ai...
       | 
       | [2] https://imagination-engines.com/founder.html
       | 
       | [3] https://en.wikipedia.org/wiki/DABUS
        
         | bawolff wrote:
         | I thought that was pretty much already settled that only humans
         | can have copyright
         | 
         | https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...
        
         | sam0x17 wrote:
         | Yeah while we're at it maybe we should review whether
         | corporations should be allowed to hold one after 3 false DMCA
         | complaints ;)
        
         | cwillu wrote:
         | It's not very far from a corporation holding a copyright to an
         | algorithm holding one.
        
           | leeter wrote:
           | Eh... this just means that the AI has to get a useful idiot
           | to hold them instead. Don't worry System Shock is just a
           | game... right?
        
           | Dylan16807 wrote:
           | The corporation has to buy it from a human. The critical
           | difference isn't holding a copyright, it's _making_ a
           | copyrighted work.
        
           | kube-system wrote:
           | Yes it is, because one has humans and the other one doesn't.
           | It's the human part that is the significant differentiator.
           | 
           | Corporations are a group of people working together for a
           | common goal. "AI"s are made up of zero humans.
           | 
           | It makes sense that a corporation can own something, because
           | that is just a legal proxy for humans owning it. It doesn't
           | make sense for an algorithm to own anything.
        
             | egypturnash wrote:
             | Corporations are slow AIs running on bureaucracy and
             | humans.
        
             | trasz wrote:
             | What is a human though? Corporations aren't all humans,
             | there are also machines there, buildings, vehicles, custom
             | software...
             | 
             | If it's "any of it is human", how about AI cooperating with
             | a human? Or perhaps connected to a human brain?
             | 
             | But does it have to be a brain? What if it's, say, a human
             | appendix? It would fulfill the same role it does in humans.
             | 
             | EDIT: Some people apparently don't realize that to
             | corporations, humans are just another asset, like buildings
             | or software. And they get replaced much more often than
             | buildings and some machines.
             | 
             | Corporations aren't humans - they use humans. You could
             | argue it's usually humans who makes decisions - however, 1.
             | Not always and you can't tell from outside; 2. Even when
             | it's humans, they are based on data prepared by a machine;
             | and 3. Even law handles consequences of those decisions
             | differently from decisions made by humans for themselves.
        
               | kube-system wrote:
               | > EDIT: Some people apparently don't realize that to
               | corporations, humans are just another asset, like
               | buildings or software.
               | 
               | Figuratively, maybe. Legally, no. This conversation is
               | about specific legal terms, so figurative usages do not
               | apply.
        
               | trasz wrote:
               | Legally too, which I've demonstrated in the comment
               | above. Sure, you can't, say, buy humans, only lease them,
               | but it's the same with many other assets, from
               | Technicolor cameras to land in many cases.
        
               | hermitdev wrote:
               | > there are also machines there, buildings, vehicles,
               | custom software
               | 
               | These are all assets of the corporation; they are not the
               | corporation.
        
               | tsimionescu wrote:
               | A corporation is made up entirely and exclusively of
               | humans. Machines, buildings, vehicles, software - these
               | are no more part of the corporation than your own car or
               | phone is a part of you.
               | 
               | The legal definition of a person is very clear. Even the
               | logical definition is actually quite clear: anything that
               | can possibly exercise most of the rights of a human in a
               | meaningful way can be considered a person.
               | 
               | Can a horse own a piece of land in the same sense that a
               | human does? Not really, as a horse simply can't exercise
               | the right to sue someone who would infringe on its
               | property rights even if it were granted one. Sure, a
               | small child or an adult in a coma may be in a similar
               | situation, but the child may eventually grow up and
               | become able to exercise such a right, and the adult may
               | eventually wake up from that coma.
               | 
               | A machine of any kind that actually exists today is far
               | farther from being able to recognize and exercise any
               | human-like rights than the horse is, in fact. So it's
               | even more absurd to assign copyright to a machine than to
               | an animal.
        
               | visarga wrote:
               | > A machine of any kind that actually exists today is far
               | farther from being able to recognize and exercise any
               | human like rights than the horse is, in fact.
               | 
               | Tell that to Blake Lemoine. /s
        
               | trasz wrote:
               | >The legal definition of a person is very clear.
               | 
               | Indeed: "The reason for the term "legal person" is that
               | some legal persons are not people"
               | 
               | (https://en.m.wikipedia.org/wiki/Legal_person)
        
               | kube-system wrote:
               | You know what a human is.
               | 
               | Connecting a human to a machine doesn't change the rights
               | of the human, and it doesn't give any rights to the
               | machine.
        
             | ben_w wrote:
             | Now I have a mental image of a corporation whose sole
             | purpose is to be the legal person for an AI.
             | 
             | > It doesn't make sense for an algorithm to own anything.
             | 
             | Current AI might be that. I don't know when AI will end up
             | with a rich inner world of experiences, but I bet it _won
             | 't_ be the exact same moment the law recognises it as such.
             | 
             | I'd go even further: even if it somehow becomes possible to
             | prove absolutely that some AI is sentient (which would be a
             | remarkable development in the philosophy of mind), I'm
             | fairly sure people will argue _against_ such a proposition
             | at least a decade after an AI passes such a test.
        
               | kube-system wrote:
               | AIs will never have human or natural rights, because they
               | are inherently neither. We don't give people rights
               | because they demonstrate intelligence, we give them
               | rights because they are human.
        
               | munk-a wrote:
               | Are there cities in the world where some pets are well
               | fed but some humans starve? Humans are quite capable of
               | elevating non-humans above humans.
        
               | kube-system wrote:
               | I don't think there's any place in the world with a
               | perfect human rights record. That doesn't mean human
               | rights don't exist, or that they apply to other things.
        
               | ben_w wrote:
               | Human rights are a nice thing, but they are not a natural
               | thing. What we grant to each other, we could (and might)
               | grant to inorganic minds we may one day create.
        
               | kube-system wrote:
               | If there's an argument for AI rights unrelated to natural
               | or human rights, then certainly, any comparison to human
               | or natural intelligence is an irrelevant supporting
               | argument, no?
        
           | an1sotropy wrote:
           | But isn't that what it means to incorporate - the business
           | becomes a legally corporeal thing like a person? I think
           | "corporations are people too" is a bummer, but that's a
           | different fight.
           | 
           | For me the issue with recognizing that AIs can have copyright
           | is the difference in how they are bestowed. IANAL, but you
           | actually have copyright on an expression of something the
           | moment it is expressed, even without any slow legal
           | paperwork, whereas patents only mean something once the
           | patent is officially reviewed granted, no? So the unbounded
           | rate of AI's expressing all plausible content (a thousand
           | monkeys but much smarter) and thus preemptively stopping
           | humans from getting copyright on it, seems especially awful.
        
           | tsimionescu wrote:
           | There is a huge gap, and obviously so.
           | 
           | Imegine the courts were to recognize some algorithm as the
           | legal owner of a copyrighted work. What exactly would that
           | mean?
           | 
           | If someone were to reproduce that work, how would they seek
           | approval from the algorithm? If they don't, how would the
           | algorithm sue them? If it did and won, how would they pay
           | restorations?
           | 
           | Would any copy of the algorithm hold the copyright of that
           | work, or only a particular one? If all copies do, and you
           | infringed their copyright and had to pay damages, how much
           | damages would each copy of the algorithm receive?
           | 
           | The concept of an algorithm holding copyright or a patent or
           | nay other kind of right over something is in fact logically
           | incoherent if you examine it even slightly.
           | 
           | Now, if in the future there would be some form of advanced
           | AGI that does have the ability to understand and use such
           | rights, the situation may change. But nothing that exists
           | today comes anywhere close.
        
           | homonculus1 wrote:
           | Yes it is, you are just conflating ownership and creation.
           | Intellectual property exists to provide a bargaining
           | framework for human creators, there's no reason that joint
           | ownership of it need imply that mechanically-generated
           | combinations should also be included.
        
         | mistrial9 wrote:
         | Thaler is the name of a spy-villian posing as a pawn shop owner
         | in the Witcher 1 video game; coincidentally
        
       | sirmarksalot wrote:
       | This reaffirms the flawed notion IMO that the value of patents is
       | in protecting ideas rather than the expense incurred in the
       | development and validation of those ideas. A lot of the romance
       | over patents is based on the idea of a lone inventor waking up
       | one morning with an earth-shattering discovery, when the reality
       | is that in most circumstances, those kinds of ideas are thought
       | up by multiple people at roughly the same time, and rewarding the
       | first person to write them down is counterproductive.
       | 
       | However, in the case of things like industrial patents or drug
       | patents, where there is considerable cost in shepherding a design
       | through a complicated regulatory framework, it makes sense to
       | give the company that fronted those costs some kind of temporary
       | protection from unfair competition. If you look at patents under
       | that lens, it makes economic sense that an AI generating an
       | algorithm over the course of hundreds of hours would be patent-
       | worthy.
        
         | ramoz wrote:
         | IMO there is a greater, yet complex, romance in safeguarding
         | actual innovation and national progress (even global given
         | international agreements). On "rewarding the first person to
         | write them down"... this isn't so simple, and rather costly
         | especially when an idea only remains an idea... if it's real,
         | then you should soon expect an invite to the PTAB where some
         | large business has implemented your idea and/or built real
         | legal arguments as to why your idea won't stand.
         | 
         | Like you mention, there are however proponents, who feel
         | progress can be prohibited by regulation. Chemistry patents are
         | notoriously nuanced.
         | 
         | Anyway... We're essentially spelling out the [1] Big Tech vs
         | Big Pharma arguments.
         | 
         | [1] https://www.ft.com/content/6c5b2cca-
         | ae8b-11e7-beba-5521c713a...
        
         | inglor_cz wrote:
         | "rewarding the first person to write them down is
         | counterproductive."
         | 
         | One of the reasons why IP came to be was to incentivize people
         | to publish details of their inventions, instead of trying to
         | keep them secret.
         | 
         | Not everyone did (famously, WD-40 formula is still a trade
         | secret), but most innovators did, and other people could
         | inspire themselves from such published works. Sometimes in
         | areas that didn't infringe on the original patents.
         | 
         | A public knowledge whose use is artificially restricted by law
         | probably still beats a culture of secrecy.
        
           | ghayes wrote:
           | Sure, but then we get to the issue of rounded corners.
           | Whether or not the idea is novel and should be patentable,
           | the publication of the patent provides no specific value to
           | society.
        
             | Dylan16807 wrote:
             | > rounded corners
             | 
             | That's a design patent, which is just a misleading name for
             | something close to a trademark.
        
       | mensetmanusman wrote:
       | This is silly. AI is a tool analogous to a camera. Both existing
       | only after billions of dollars of human effort in the global
       | supply chain.
       | 
       | A person who points the tech at the right problem and configures
       | it to get an outcome is the rights holder.
        
       | dang wrote:
       | Related. Others?
       | 
       |  _Experts: AI should be recognized as inventors in patent law_ -
       | https://news.ycombinator.com/item?id=31542285 - May 2022 (3
       | comments)
       | 
       |  _AI cannot be the inventor of a patent, appeals court rules_ -
       | https://news.ycombinator.com/item?id=28640111 - Sept 2021 (239
       | comments)
       | 
       |  _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)
        
       | NonNefarious wrote:
       | Great. Anything to avoid doing what REALLY needs to be done:
       | abolishing software and "business-method" patents, not to mention
       | addressing the USPTO's disgraceful dereliction of its duty to
       | reject obvious ones.
        
       | kyleplum wrote:
       | When someone uses Photoshop to create artwork, nobody believes
       | that the Photoshop algorithm has any claim to be the author of
       | that artwork. I don't see how the code behind e.g. an AI image
       | generator is fundamentally different than the Photoshop algorithm
       | from a "who created the produced work" perspective. Similar to
       | Photoshop, the AI art generator is still just running code at the
       | behest of some human.
       | 
       | The more interesting question I think is whether any of the
       | creators of the training data used by the AI have any claim over
       | the generated artwork.
        
         | 960design wrote:
         | Only if your third grade math teacher has claim to your
         | algebraic code comparisons. Current trends are iterative
         | training with positive first model, negative second model and
         | let the AI 'scale' the learning from there.
        
         | Kye wrote:
         | There are absolutely people who think the computer does all the
         | work with digital art. They might even be a plurality. That
         | kind of feedback is a common complaint from digital artists.
         | _Especially_ when it comes to commissions.  "How can you charge
         | so much? The computer does [most, all] of the work!"
        
         | CharlesW wrote:
         | > _I don 't see how the code behind e.g. an AI image generator
         | is fundamentally different than the Photoshop algorithm from a
         | "who created the produced work" perspective._
         | 
         | The difference is that Photoshop doesn't create 2D works any
         | more than Blender creates 3D works. You may be ascribing too
         | much magic to Photoshop.
        
           | Dylan16807 wrote:
           | In terms of filling up a canvas, I'd say content aware fill
           | is in the same ballpark, if you add some google image search
           | to help it.
        
         | shon wrote:
         | Yes that is the more interesting question and the answer is
         | most probably yes, especially as these systems are trained on
         | billions/trillions of samples from the net. But, due to the
         | opaqueness of how these models really work, it might be very
         | hard or impossible to prove a claim like that, unless the
         | resulting work is an obvious copy of prior art.
        
           | 0thgen wrote:
           | if the models are too opaque to give appropriately weighted
           | credit to all parties involved in the dataset the model
           | learned from, would that make it reasonable to just push all
           | AI generated inventions to the public domain?
           | 
           | (at least in regards to black box models)
        
         | mherdeg wrote:
         | > The more interesting question I think is whether any of the
         | creators of the training data used by the AI have any claim
         | over the generated artwork.
         | 
         | Feels like we covered this back when we decided whether
         | sampling music creates a derivative work.
        
       | ramoz wrote:
       | Modern day AI will only augment the writing of patents. Nothing
       | more than an advancement of technology. There is potential in
       | seeking legal-advantage through the use of advanced analytical
       | capabilities... but I can't imagine industry will invest in fully
       | automated and/or mass generation of "ideas" for potential profit
       | with the exception of patent-trolling.
       | 
       | I see this Patent Act as a signal that USPTO is primarily
       | concerned with a quality patent system; as opposed to a loose
       | philosophies that would degrade patent quality but likely
       | heighten patent application submissions, and subsequent flood of
       | trials that would all benefit their revenue streams.
        
       | Rackedup wrote:
       | Just don't tell them that you used an AI to generate the idea?
        
       | hinkley wrote:
       | I insisted to me Go-playing friend a number of years ago that
       | what we need is an AI that can teach, as in, can you explain why
       | this choice was made and why these others were bad?
       | 
       | I'm not sure what that would exactly look like, but one of the
       | things I like about Monte Carlo is that it works much more like
       | how humans actually behave, and in theory when pressed on 'why',
       | it could _also_ behave more like humans behave: When challenged
       | you (or at least I) run a more detailed simulation to pick some
       | particularly juicy counter-examples. And if anywhere in there I
       | sense self-doubt (why _did_ I make that choice? Is it sound?)
       | that may trigger a more exhaustive simulation. Turns out my pupil
       | was right /wrong and now I understand the problem better myself.
       | 
       | What bothers me with respect to AI and patents is that if you did
       | this, then you basically have a human rubber stamping an AI
       | design. Eventually you'll end up with more subtle systems that
       | resemble police work: this evidence is inadmissible in court but
       | it does eliminate a set of suspects, so now I need to build a
       | chain of clean evidence that points to an arrest. The latter
       | might involve some skill and sophistication on the part of the
       | human. The former just needs someone who can pass a sniff test on
       | materials science or mechanical engineering who's willing to lie
       | for money.
        
       | Ken_At_EM wrote:
       | In the future the have-somethings will own AI and the have-
       | nothings won't.
        
       | 960design wrote:
       | Let the oppression begin.
        
       | tolmasky wrote:
       | So the person that runs the AI just lists themselves as the
       | inventor and that's it? Does anything change other than that.
       | It's not like they can tell if it was made by an AI right?
        
         | [deleted]
        
         | mywittyname wrote:
         | It is a good thing to preempt any legal issues by being
         | explicit in how new technology fits in with existing legal
         | frameworks, even if the change is likely a NOOP.
         | 
         | If, 20 years ago, you were to write a program that used an
         | optimization algorithm to design the optimal cup for drinking
         | coffee, the patent would go to you, not the code you wrote.
         | Today, you could do the same thing but call the program an "AI"
         | and perhaps get a different outcome.
        
       | mark_l_watson wrote:
       | For the very short term, this ruling is probably OK.
       | 
       | I am on 50+ US patents, and a practitioner of artificial
       | intelligence for about 40 years. I see AIs becoming partners in
       | writing patent applications. Corporations that own AI resources
       | should really be able to use them for legal and ethical things.
       | 
       | Off topic, but it is ethics that introduces a wrinkle: in an
       | ideal world widely accepted ethical norms would be codified into
       | law - not much chance of that happening given the powers of
       | special interests.
        
       | Buttons840 wrote:
       | It seems the status-quo will be maintained for now. I think
       | that's good, there's too many unanswered questions about AI.
       | 
       | If AI can create patents, can AI also publish prior art? It seems
       | only fair, right?
       | 
       | But, in that case, the same AI technology used to file 1,000
       | patents would be used to create a million trillion publications
       | of prior art. If an AI can produce something worthy of patent,
       | then a freely published version of the same would surely count as
       | prior art. We'd end up with the "great tome of prior art" a 500
       | terabyte download filled with patent worthy ideas but freely
       | published to establish prior art. This is just one of the many
       | things we might find in Pandora's Box of AI patents.
        
         | analog31 wrote:
         | Right. Prior art is about what it is, not who publishes it.
        
         | kodah wrote:
         | If you give all the rights of a human to AI, it is possible
         | that AI could be sentenced to "death" (though I'm curious what
         | form that would take). It could also be sued. Then again, we
         | said all these things about corporations and look where that's
         | gotten us.
         | 
         | Like you, I think preserving the status quo until those
         | questions are answered is the right thing to do.
        
           | inglor_cz wrote:
           | It could also possibly sue someone else, including other AIs.
           | 
           | Turtles all the way down.
        
         | Bombthecat wrote:
         | So, i publish this file.
         | 
         | What would be the difference?
        
         | josaka wrote:
         | A related issue is whether the availability of AI as a tool for
         | creating innovation should raise the bar for non-obviousness.
         | Both effects could make it harder to obtain patents.
        
           | AlbertCory wrote:
           | This would be called "obvious to try." It's an old concept in
           | patent law, which I argue in [1] should be applied to
           | software.
           | 
           | [1]
           | https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2399580
        
             | kweingar wrote:
             | Thanks for sharing this paper!
             | 
             | I have always struggled to express exactly what my issue is
             | with certain software patents.
             | 
             | With this paper I now have the vocabulary (and examples) to
             | explain what I mean to someone outside the industry.
        
               | AlbertCory wrote:
               | You're welcome.
               | 
               | The lawyers don't care, the PTO doesn't care, and
               | industry executives don't care. The only answer is to get
               | a bill in Congress, and start asking every candidate for
               | Senator or Representative if they support it.
               | 
               | And make it clear that _your_ support for them depends on
               | a Yes answer.
        
         | IgorPartola wrote:
         | Right. Also what defines AI? If I ask DALL-E to draw me a fancy
         | gearbox for an EV and it does and then I use that as
         | inspiration to create a new type of gearbox, did I create it or
         | did DALL-E? If I ask a similar tool to create a fancy shape for
         | a fancy gear I want in a mechanism is my idea now tainted by
         | AI? If my CAD software incorporates a CAD equivalent of
         | copilot, can I no longer use that?
         | 
         | Maybe it's not the AI we should get rid of but patents?
        
           | amelius wrote:
           | The difference is that I can now claim that your invention is
           | not novel, since I can create a similar result using the same
           | tools.
        
             | AlbertCory wrote:
             | That's not how novelty works. You can "claim" anything you
             | want, but unless it's in a filing to the PTAB or a court,
             | it counts for nothing.
        
               | amelius wrote:
               | It is exactly how novelty works. It has to be non-obvious
               | to a person skilled in the trade. And it is certainly
               | obvious if it can be produced by a tool using a click of
               | a button.
        
               | jjoonathan wrote:
               | > non-obvious to a person skilled in the trade
               | 
               | As evaluated by a patent office with a profit motive to
               | find it non-obvious. No, I'm not joking. USPTO is funded
               | entirely from fees.
        
               | AlbertCory wrote:
               | You are right about that. In fact, they make a profit.
               | 
               | Of course, once you've exhausted your two rounds of
               | rejection with them, you have to pay again for another
               | two, or appeal it, so they make money arguing with you,
               | too. But yeah, probably more $$$ to issue you some
               | worthless government paper.
        
               | AlbertCory wrote:
               | Considering you apparently don't know the difference
               | between novelty and obviousness, I think you should stop
               | now. In particular, what "obviousness" actually means and
               | how it's been interpreted in patent law for the past 150
               | years.
        
           | imperio59 wrote:
           | The bigger question is did the thousands of drawings of gears
           | used to train the model in the first place and their creators
           | have any rights to their derivative works.
           | 
           | Given the AI's output using the trained weights of its models
           | were in part deduced using their works as training examples,
           | one could argue that creators of the example pictures should
           | have some portion of rights on any output from the AI
           | Model... maybe...
        
             | Cerium wrote:
             | You could use that argument to instead support that any
             | idea created by the AI is not patentable, since it is
             | derived mechanically from prior art.
        
               | shon wrote:
               | By that same logic though, isn't society and technology
               | moving a bit past the idea of prior art? Regardless of
               | who or what generated the patent, because, Internet?
        
             | pitaj wrote:
             | Doesn't that also apply to humans? We learn things and use
             | them for future creative endeavors without even realizing.
        
               | ramoz wrote:
               | Yes, commentor above my create a fancy new car tire, but
               | did they invent the tire?
        
               | Tagbert wrote:
               | Yes, that is why the myth of invention as a brilliant and
               | isolated act of creation is harmful. We create new things
               | by by recombining what we have experienced. Patents
               | ignore the derivative nature of invention while
               | weaponizing being first to file for an idea.
        
           | verdverm wrote:
           | What happens if the AI later becomes sentient and seeks
           | remuneration?
        
         | yieldcrv wrote:
         | > can AI also publish prior art? It seems only fair, right?
         | 
         | What kind of argument is that? That's not even something
         | anybody is debating about?
         | 
         | Prior art just nukes the novelty of a claim in a subsequent
         | patent written by anyone, including the whole patentability.
         | 
         | The source of the prior art is not important.
        
           | Cupertino95014 wrote:
           | Correct. In theory, even if the only way to get it was to
           | walk up to a public library in East Timor and find it in the
           | "card catalog," and it wasn't available _anywhere_ else, it
           | 's prior art.
        
         | O__________O wrote:
         | Nothing stopping a human from running AI to create prior art,
         | AI just cannot be listed as the creator.
         | 
         | Related, "Using Artificial Intelligence to Mass Produce Prior
         | Art in Patent Law" (2021):
         | 
         | https://vanderbiltlawreview.org/lawreview/2021/03/the-librar...
        
         | badrabbit wrote:
         | "AI" is not special. This isn't the movies(right!? :P). If you
         | write a script that tries random combinations of materials and
         | test it against a problem only to find a solution, that is no
         | different than "AI" finding the solution. How a computer
         | generated the product/solution is irrelevant.
         | 
         | Even if computers were just as intelligent and sentient as
         | humans they have no rights or recognition by law. They are not
         | members of society, citizens or entities that have rights and
         | obligations under rule of law. A document/proceeding that uses
         | a non-human entity (I would exclude animals but even they have
         | some rights) is by default invalid.
         | 
         | But, I say what should be under reason and logic which are not
         | important to many judges or this society as a whole as
         | evidenced by asset forfeiture and how they consider property a
         | subject of prosecution as if property has any obligation or
         | capacity to follow the rule of law. Essentially, the law is
         | whatever arbitrary thing judges feel like with no rhyme or
         | reason other than "this won't get me
         | disrobed/jailed/disbarred". Companies are people, propery is
         | people, people are property if they commit a crime (but not the
         | kind of property that has rights lol). Bees are a type of fish
         | in california (really.), you get the picture the assumption
         | that the law is reasonable is false even though the "reasonable
         | person" doctrine is what supposedly keeps the US legal system
         | running. So in reality, this ruling just reflects what the
         | judge felt like, appeal to a higher court and they might decide
         | AI has more rights than minorities.
        
         | AmericanChopper wrote:
         | I have no idea what's supposed to be interesting or novel here.
         | An AI is just software. Software has always been capable of
         | generating IP, or publishing IP. Why would there be any reason
         | to presume that AI software could start filing patents?
        
         | colonwqbang wrote:
         | Nothing in the judgment seems to suggest that AI cannot produce
         | valid art as in prior art. I would tend to think it can.
        
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