Should AI be a Co-Inventor?

The USPTO held two listening sessions earlier this year on the topic of inventions created with AI. There are a lot of thorny questions about who is the inventor and who should own the rights when a human inventor poses a question and AI mines and recombines data to arrive at a novel, nonobvious and useful structure and process for the solution. The Federal Circuit’s recent decision in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022) held that a patent inventor must be a natural person, but did not address whether inventions made by human beings with the assistance of AI are eligible for patent protection. Stay tuned.


- Mike

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