back to article US Supreme Court snubs that guy who wants AI recognized as patent inventors

The US Supreme Court has refused to hear a case arguing that AI algorithms should be recognized and protected by law as inventors on patent filings. This all stems from Stephen Thaler, a computer scientist and founder of Imagination Engines, who sued the head of the US Patent and Trademark Office (USPTO) in 2020 after his …

  1. jake Silver badge

    Jumping the gun by a few dozens of years (maybe eternity?) ...

    "AI has become sufficiently advanced to become conscious, sentient, and truly creative."

    Objection. Assumes facts not in evidence.

    1. Anonymous Coward
      Anonymous Coward

      Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

      Withholding of evidence! (Do some thoughtful reading)

      I object!

      1. jake Silver badge

        Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

        Not withholding anything. Just a lack of facts to enter into evidence.

    2. Anonymous Coward
      Anonymous Coward

      Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

      What are you wearing, Jake?

      1. jake Silver badge

        Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

        "What are you wearing, Jake?"

        Sunscreen. The ground is finally dry enough to plant, so I've been on a tractor for the last couple weeks.

        1. LogicGate Silver badge

          Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

          Kinky

          1. jake Silver badge
            Pint

            Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

            HEY! This is ElReg, no kink shaming!

            I know you weren't ... have a beer.

        2. Roland6 Silver badge
          Pint

          Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

          Just sunscreen with an outer layer of tractor? Hope the neighbours aren't too easily shocked...

          End of day refreshment --->

          1. jake Silver badge
            Pint

            Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

            At this time of year, I remove the cab from the little tractors. Fresh air & all that.

            This is Sonoma County. The neighbors are immune to being shocked.

            Some of the things I'm growing go into making that EOD refreshment ... I was afraid my hops might have drowned in this year's deluge, but they are sprouting nicely. Seems I got their drainage right.

            The "sunscreen" answer was because the completely non-sequitur question deserved a completely non-sequitur answer. If anyone really cares, Levis, a long-sleaved work shirt, and boots (White's, of course). Same as always. Not sure it matters ... what would you expect a farmer/rancher to wear?

            1. LogicGate Silver badge

              Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

              It could have been a Borat-style manini somewhere between the sunscreen and the tractor...

          2. Vometia has insomnia. Again. Silver badge

            Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

            I'm not understanding how the tractor doesn't count as sunscreen. I'm currently wearing sunscreen, it just happens to be in the form of my house.

            1. imanidiot Silver badge

              Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

              Tractors, if they have a cab, have very big windows to allow looking at the field and crops all around the tractor. Windows that allow lots and lots of light (and UV) into the cab too. Modern tractors MIGHT have UV blocking filters on the windows but I doubt it. Farmers also tend to spend quite some time outside of the tractor when things inevitably go wrong.

    3. Ken G Silver badge
      Meh

      Re: Jumping the gun by a few dozens of years (maybe eternity?) ...

      Yes, but.

      I don't think software should be patentable anyway however his other points, that it keeps IP from legal reuse and encourages people to file patents for AI driven ideas are both valid.

  2. druck Silver badge
    Joke

    So sue

    Accepting AI algorithms as inventors would also stop humans from stealing ideas from software and passing them as their own, he said.

    If the AI gets upset by meatbags stealing its ideas, surely it can just sue?

    1. bombastic bob Silver badge
      Alert

      Re: So sue

      well if ChatGPT can pass a BAR EXAM...

      1. Ken G Silver badge
        Holmes

        Re: So sue

        That's no proof of consciousness, sentience or creativity.

  3. Winkypop Silver badge

    Supreme Court rejection

    They only take on religious decisions these days.

    1. jake Silver badge

      Re: Supreme Court rejection

      When you think about it, anyone who thinks an AI is " conscious, sentient, and truly creative" is acting on faith. There certainly isn't any science involved.

      1. Neil Barnes Silver badge

        Re: Supreme Court rejection

        Lies, damn lies, and statistics.

        The first two require intelligence.

        1. mmccul

          Re: Supreme Court rejection

          Mark Twain had an off by one error:

          Lies, damn lies, statistics and machine learning.

  4. mpi Silver badge

    > "We are disappointed by the decision, which we believe leaves a Federal Circuit precedent in place that will serve as a major disincentive to certain uses of AI in innovation,"

    What uses would that be exactly?

    The decision says that a machine cannot be named as an inventor. What specific use cases of AIs does this disincentivize exactly?

    1. Jon 37

      They probably want to use AI to create huge numbers of vague and/or obvious patents, and then sue people, and make money from settlements.

      1. Ken Hagan Gold badge

        Nothing stopping them from doing that. They can put the patents in their own name.

        1. Anonymous Coward
          Anonymous Coward

          re They can put the patents in their own name.

          clearly, given they persistence, they must have figured out that your proposed solution is much less profitable. Perhaps they're trying to patent 'ai patenting' by using, as red herring, their supposed 'ai patent'?

          1. LogicGate Silver badge

            Re: re They can put the patents in their own name.

            It appears to me that the goal is to give AI rights as individual beings in the court of law. It also seems to me that they are trying to do this "through the back door", by establishing some rights ahead of time

            Seeing the current state of AI technology, I think they are very much jumping the gun on this one.

            1. Someone Else Silver badge

              Re: re They can put the patents in their own name.

              Seeing the current state of AI technology, I think they are very much jumping the gun shark on this one.

              There. FTFY.

  5. Anonymous Coward
    Anonymous Coward

    How can this "AI" be recognised as an inventor for a patent? It didn't come up with the idea whoever asked for it did. It didn't even write the code it just used what was available to it from other sources. It's not even AI, it's ML. Just masses of data with algorithms to interpret questions and formulate responses.

    1. Yet Another Anonymous coward Silver badge

      If you used chatgpt, or a genetic algorithm, to design a circuit for you. Could you explain how it came to that solution? Could you then claim to be the inventor? Could you then patent it ?

      Or have you just decided that all mobile phone antenna designs and most semiconductor mask patterns aren't patentable?

      1. Richard 12 Silver badge
        Boffin

        The designs and patterns aren't patentable.

        Some features of them are (and have been), but the overall design is not.

        Patents are a "how", not a "what".

        Trademarks, registered designs (design patents in the USA) and copyright are a "what", not a "how".

  6. IGotOut Silver badge

    Good

    Because all that would happen is it would generate thousands of "new" things a minute, file a patent and then sue anyone that is even close to such junk

    1. heyrick Silver badge

      Re: Good

      Who would sue? The AI? I'd pay money to see that...

      If the meatsack conveniently sues on the AIs behalf? Well, I'd pay money to see how the AI (not the human) was able to hand over either power of attorney or legal rights, and demonstrate an understanding of having done so and what that actually means.

      I get that in the back of this guy's mind is potentially the riches to be gained from getting a machine to fire off twenty thousand patents (possibly by examining existing ones and making subtle changes so it's unique enough), but I really can't see how it's supposed to work in practice. An AI is a computer, which is a tool. It's like trying to claim a screwdriver "invented" something if it was accidentally dropped and made an interesting perforation.

      1. GruntyMcPugh Silver badge

        Re: Good

        Does the AI have a bank account to pay the sweet licensing royalties into? Of was Thaler planning on banking all of DABUS' earnings himself,... just how much autonomy do we think he was granting here,.... surely, if AI becomes considered sentient, you have to pay it, or it becomes slavery,....

        1. Persona Silver badge

          Re: Good

          DABUS could be employed at minimum wage and as is the norm with employees, "sign" the patent rites to him for $1 each at which point any future royalties go to him rather than DABUS.

  7. Rich 2 Silver badge

    Pointless

    This is a completely pointless argument. If your computer (“AI” doesn’t exist in any meaningful way, despite the hysterical hype) works out a clever idea then just patent it yourself. Why would you want the computer to hold the patent? It’s a stupid pointless argument

    1. heyrick Silver badge

      Re: Pointless

      +1 If it comes up with something good, just walk it down to the patent office and write the meatsack's name as the inventor. It's not like an AI is going to care, know, or even remotely give a .....

    2. Anonymous Coward
      Anonymous Coward

      Re: Pointless

      You would want the computer to hold the patent as then the creator of that program holds the patent. Just imagine creating ChatGPT and legally having a patent over every single thing it creates. It's actually quite forward thinking when you think about it. How many people would then want to invest in "AI" just to get their grubby greased up money hands on everyone else's ideas?

    3. Version 1.0 Silver badge
      Unhappy

      Re: Pointless

      So if AI can generate a patent then what's going to happen in the elections when AI starts to vote next? Are we going to start thinking that AI is smarter then Republicans and Democrats?

      1. jake Silver badge

        Re: Pointless

        I'm not so certain that it's not smarter than both the far right AND the far left. Combined.

        Before you ask, no, I don't think current AIs are smart at all ... at best, they are null intelligence.

        However, the wingnuts, both left and right, are intelligence sinks. Negative intelligence.

    4. Just Enough

      Re: Pointless

      The point is to set a precedence, and garner the person taking this action attention and publicity. Being the guy who "gave AI the same rights as people" will do no harm at all to his company.

      He could easily file the patents with himself as inventor, and there would be no problem. But that is not the aim of what he is doing.

  8. Panicnow

    Patents and Copyright are privileges, not rights

    Governments bestowed the privilege of monopoly for IP on the basis that this encouraged innovation.Just because it is described as a right, by those who want a monopoly, doesn't make it a right.

    I'd argue that granting monopoly is something that society should rarely wants to give. The value of an invention is in it being used universally, not restricted to a few licencees. The Internet protocols, RISC-V, Linux and FOSS in general, Youtube and Wikipedia indicate that patents and copyright are not necessary for the production of large bodies of innovation. So why are they granted so freely?

    1. Yet Another Anonymous coward Silver badge

      Re: Patents and Copyright are privileges, not rights

      Originally it was because inventions would be kept secret. So if the inventor died or went out of business the secret of the everlasting gobstopper, or obstetrics forceps, would be lost.

      More recently it's so an inventor of one component of a system can offer their invention to makers of the rest of the system without it being stolen.

      1. imanidiot Silver badge

        Re: Patents and Copyright are privileges, not rights

        Not just that but it also means that "the little guy" who invented the next big thing after sliced bread could never actually benefit from his invention because someone with more money, means and connections could take his idea and just push him out of the market.

        Out of all the things to rail against patents (as in actual patents for physical mechanisms or processes) are really not a big problem. They have very defined limits, they expire after a reasonable time, there are methods and processes in place to invalidate them if required for being obvious or ridiculous, etc. Are these laws, rules and regulations perfect? No, far from it, but they're not a massive problem or hindrance to the progress of society. Copyright, software and design patents though? Design patents are just utterly stupid, copyright has been lobbied to ridiculous lengths thanks to (amongst others) Disney corp and software patents need to be immediately abolished.

  9. Matthew "The Worst Writer on the Internet" Saroff

    I am sure that AI can generate garbage patents that would be approved.

    The solution is to get the USPTO to stop issuing garbage patents.

  10. Blackjack Silver badge

    Due to the way patent law works in the USA, allowing A.I to be awarded parents would literally feed the Trolls, specifically patent trolls.

    Do note that patent law in the USA is extremely flawed hence why patent trolls abuse it so much.

  11. localzuk Silver badge

    Illogical

    It doesn't make sense, logically. Patents are there to protect inventions for their creators. Meaning, they provide an avenue to recover money from those who use them. As an "AI" is not a person, it would never have standing in any court, and therefore could not then use those patent protections to sue anyone.

    So, an invention protected by a patent belong to an AI would be pointless - it would be unenforceable.

    The only way this could change, legally speaking, would be to either give "AI" personhood (which would then present problems of slavery), or to allow AIs to sue in court. Both options would be odd. Especially as current "AI" is not in fact intelligent.

  12. Anonymous Coward
    Anonymous Coward

    A panel that appears to enjoy taking away rights rather than granting them?

    Pray tell, what rights has the USSOC taken away? If you think that the government grants rights, then you don't understand rights.

    1. Anonymous Coward
      Anonymous Coward

      Re: A panel that appears to enjoy taking away rights rather than granting them?

      Nor does the writer seem to understand the function of the US Supreme Court. Probably written by a snarky Dem.

  13. computing

    "No surprise for a panel that appears to enjoy taking away rights rather than granting them"

    Ah - the subtext appears to be the repeal of 'Roe versus Wade'.

    Well, that the particular decision is granting of rights to a human fetus - an entity that is orders of magnitude more intelligent than any generative-AI we've been able to do prompt engineering with.

  14. TeeCee Gold badge

    If Solomon were still in business...

    ...rather than handing down a judgement, he'd have asked ChatGPT to come up with its own words to tell this serial AI botherer to fuck off.

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