Artificial Intelligence is alive and well.
Forget the hover cars and cities floating in space. Ex Machina has come to life and wants the right to obtain a patent. While we sit at home waiting for our Alexa’s to tell us what to do, courts wrestle with the newest challenge – honoring artificial intelligence with innovative, intellectual property.
To make things more difficult, not everyone agrees on the issue. U.S. District Judge Leonie Brinkema made headlines by denying A.I. the right to be granted a patent. It’s not a forever decision; the judge just stipulated that now is not the time. For a U.S. patent, the applicant must take an oath, which wouldn’t be possible as an A.I. is not considered a ‘natural person’ under current patent law.
Artificial Intelligence Owns a Patent in South Africa.
South Africa on the other hand, broke the mold and granted the world’s first patent to an invention that evolved from A.I. In short, the A.I. autonomously created a design for a geometric container while running one of its programs. For the record, the National Law Review commented that requirements for patents in South Africa aren’t as rigorous as the United States and other countries. However, this is a game-changer and foreshadows potential changes to U.S. considerations regarding intellectual property.
There are a lot of things to consider here. If A.I. is granted a patent, does the invention fall under the public or private domain? How should the law be changed to include a robot that cannot truly give an oath or promise? What constitutes ‘natural persons’? And to challenge things further – why wouldn’t the creator of the A.I. be able to submit for the patent?
________
Intellectual Property Attorney.
Find out the latest news in Estate Planning and Intellectual Property from your trusted legal counselor, Francine D. Ward!
Francine D. Ward
Attorney-at-Law, Author, Speaker
Follow Francine:
Don’t miss Francine’s Latest Blogs:
- How to practice self-loveChoose YOU! How to practice self-love is giving yourself permission to choose you. The moment you start choosing yourself after a lifetime of pleasing others, some people will push back.… Read more: How to practice self-love
- BoundariesHow to set boundaries. Boundaries are at the core of how you show up in your relationships. Most of us have been taught that to say “NO” is an act… Read more: Boundaries
- Love is an ActionLove IS an Action. Love is an Action.How often do we say, “I love you,” “I love my friends,” or “Family is the most important thing in my life”? And… Read more: Love is an Action
- Family & FriendsFamily and Friends: Strengthening the Bonds That Matter Family and Friends. Vision and Values. The people with whom you surround yourself have the power to influence your thoughts, emotions, and… Read more: Family & Friends
- Vision and ValuesVision and Values And Esteemable Acts® Vision and Values. Believe it or not, every choice we make contributes to the life we live. Whether we act with integrity, make progress… Read more: Vision and Values