AI systems can’t patent inventions, US federal circuit court confirms

Illustration by Alex Castro / The Verge

The US federal circuit court has confirmed that AI systems cannot patent inventions because they are not human beings.

The ruling is the latest failure in a series of quixotic legal battles by computer scientist Stephen Thaler to copyright and patent the output of various AI software tools he’s created.

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In 2019, Thaler failed to copyright an image on behalf of an AI system he dubbed Creativity Machine, with that decision upheld on appeal by the US Copyright Office in 2022. In a parallel case, the US Patent Office ruled in 2020 that Thaler’s AI system DABUS could not be a legal inventor because it was not a “natural person,” with this decision then upheld by a judge in 2021. Now, the federal circuit court has, once more, confirmed this…

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