Close Menu
TechBrunchTechBrunch
  • Home
  • AI
  • Apps
  • Crypto
  • Security
  • Startups
  • TechCrunch
  • Venture

Subscribe to Updates

Subscribe to our newsletter and never miss our latest news

Subscribe my Newsletter for New Posts & tips Let's stay updated!

What's Hot

TC Session: AI Trivi Account Down – Big Score with Tickets

June 1, 2025

TC Session: AI Trivi Account Down – Next Shot in Big

May 31, 2025

Google quietly released an app that allows you to download and run AI models locally

May 31, 2025
Facebook X (Twitter) Instagram
TechBrunchTechBrunch
  • Home
  • AI

    OpenAI seeks to extend human lifespans with the help of longevity startups

    January 17, 2025

    Farewell to the $200 million woolly mammoth and TikTok

    January 17, 2025

    Nord Security founder launches Nexos.ai to help enterprises move AI projects from pilot to production

    January 17, 2025

    Data proves it remains difficult for startups to raise capital, even though VCs invested $75 billion in the fourth quarter

    January 16, 2025

    Apple suspends AI notification summaries for news after generating false alerts

    January 16, 2025
  • Apps

    Google quietly released an app that allows you to download and run AI models locally

    May 31, 2025

    A guide to using editing, Meta's new Capcut Rival for Short-Form video editing

    May 31, 2025

    Automattic says it will start contributing to WordPress again after pause

    May 30, 2025

    The last day to vote to destroy the 2025 agenda lineup

    May 30, 2025

    6 days left: Ready for the truth about unfiltered AI in TC sessions: AI?

    May 30, 2025
  • Crypto

    GameStop bought $500 million in Bitcoin

    May 28, 2025

    Vote for the session you want to watch in 2025

    May 26, 2025

    Save $900 + 90% from 2 tickets to destroy 2025 in the last 24 hours

    May 25, 2025

    Only 3 days left to save up to $900 to destroy the 2025 pass

    May 23, 2025

    Starting from up to $900 from Ticep, 90% off +1 in 2025

    May 22, 2025
  • Security

    8 things we learned from WhatsApp vs. NSO Group Spyware Litigation

    May 30, 2025

    White House investigates how Trump's chief staff's phone was hacked

    May 30, 2025

    US government sanctions technology company involved in cyber fraud

    May 29, 2025

    Ten years later, the bootstrap Thinkst Canary will reach $20 million ARR without VC funding

    May 29, 2025

    Security Startup Horizon3.AI raises $100 million in new rounds

    May 28, 2025
  • Startups

    7 days left: Founders and VCs save over $300 on all stage passes

    March 24, 2025

    AI chip startup Furiosaai reportedly rejecting $800 million acquisition offer from Meta

    March 24, 2025

    20 Hottest Open Source Startups of 2024

    March 22, 2025

    Andrill may build a weapons factory in the UK

    March 21, 2025

    Startup Weekly: Wiz bets paid off at M&A Rich Week

    March 21, 2025
  • TechCrunch

    OpenSea takes a long-term view with a focus on UX despite NFT sales remaining low

    February 8, 2024

    AI will save software companies' growth dreams

    February 8, 2024

    B2B and B2C are not about who buys, but how you sell

    February 5, 2024

    It's time for venture capital to break away from fast fashion

    February 3, 2024

    a16z's Chris Dixon believes it's time to focus on blockchain use cases rather than speculation

    February 2, 2024
  • Venture

    TC Session: AI Trivi Account Down – Big Score with Tickets

    June 1, 2025

    TC Session: AI Trivi Account Down – Next Shot in Big

    May 31, 2025

    The counted conversation begins in 5 days in a TC session: ai

    May 31, 2025

    TC Session: AI Trivi Account Down – Test your AI Knowledge

    May 30, 2025

    Most of the exhibit tables left to make a claim at TC at every stage | TechCrunch

    May 30, 2025
TechBrunchTechBrunch

US Patent Office: AI is all good, but only humans can patent it

TechBrunchBy TechBrunchFebruary 12, 20244 Mins Read
Facebook Twitter Pinterest Telegram LinkedIn Tumblr WhatsApp Email
Share
Facebook Twitter LinkedIn Pinterest Telegram Email


The question of where AI fits into the corporate stack is not as simple as it might seem (i.e., “nowhere”). However, the U.S. Patent and Trademark Office today declared that, like other intellectual property, only individuals can receive rights to it. Official protection.

The news came in the form of “guidance,” official policy but not ironclad law, that will soon be federally registered. The guidance document (PDF) clearly states that only “natural human beings” can obtain patents, for clear legal reasons and the basic idea that “patents have the function of encouraging and rewarding human ingenuity.” It has been.

It is not always clear, given, for example, that a company may be considered a person for some legal purposes but not for others. Because they are not citizens, they cannot vote, but because they are corporations, their speech is protected by the First Amendment.

When assessing whether a patent can be granted to an “individual,” the legal question was whether that individual needs to be a human, or whether an AI model can be an individual. Precedent has made it clear (as the guidance summarizes) that a person means a human being, unless specified otherwise. However, how to cite or award AI-assisted invention applications remained an open question.

For example, if someone designs an AI model, and that AI model independently designs the shape and mechanics of a patented device, is that AI a “co-inventor” or “co-inventor”? Or , perhaps because there is no human inventor in this case, the device cannot be patented?

The USPTO's guidance makes clear that while AI-assisted inventions are not “absolutely unpatentable,” the AI ​​system itself is not an individual and therefore cannot legally speaking be an inventor. It therefore follows that in every claim at least one person must be named as the inventor. (Actually, there are some interesting parallels to the infamous “monkey selfie” incident. Copyright must be owned by a corporation, and while there are many different kinds of monkeys, monkeys are not, so obviously Copyright is not granted to a monkey photographed in ) it. )

However, you must prove that you have “significantly contributed” to the invention, which is not always easy. Navigating the documentation on how this is actually defined makes for very interesting reading.

Merely recognizing a problem or having a general goal or research plan to pursue does not reach the level of ideation. A natural person who merely presents a problem to an AI system may not be a proper inventor or co-inventor of an invention identified from the output of the AI ​​system. However, important contributions can be made by the way prompts are created with specific problems in mind to elicit specific solutions from AI systems.

…A natural person who merely recognizes and evaluates the output of an AI system as an invention, especially if the characteristics and usefulness of the output are obvious to a person skilled in the art, is not necessarily the inventor. However, a person who receives the output of an AI system and contributes significantly to that output to produce an invention may be a suitable inventor.

Maintaining “intellectual control” over an AI system does not in itself make one the inventor of inventions produced through the use of the AI ​​system.59 Therefore, a person simply owns or supervises the AI ​​system used in the AI ​​system. Even if he creates an invention without significantly contributing to the idea of ​​the invention, he does not become an inventor.

In other words, there is a kind of rationality standard at play here that anyone applying for a patent already knows, but there isn't much precedent to draw on in the context of AI. This is why guidance exists. Just because someone “maintains intellectual control” over an AI, no one now has to worry about whether all of the AI's output is considered their own invention. .

The USPTO is careful to state that it does not in any way seek to define or limit what AI does or is AI, or how people should use AI. It is simply an application of existing law and precedent to new technology. If Congress passed a law tomorrow stating that AI would be considered a human for IP purposes, the USPTO would cancel this whole thing and develop new guidelines for granting patents to AI. But until then, AI will still be just software, and humans will be rewarded and protected for its work.

The full guidance document can be read here.



Source link

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Posts

OpenAI seeks to extend human lifespans with the help of longevity startups

January 17, 2025

Farewell to the $200 million woolly mammoth and TikTok

January 17, 2025

Nord Security founder launches Nexos.ai to help enterprises move AI projects from pilot to production

January 17, 2025

Data proves it remains difficult for startups to raise capital, even though VCs invested $75 billion in the fourth quarter

January 16, 2025

Apple suspends AI notification summaries for news after generating false alerts

January 16, 2025

Nvidia releases more tools and guardrails to help enterprises adopt AI agents

January 16, 2025

Leave A Reply Cancel Reply

Top Reviews
Editors Picks

7 days left: Founders and VCs save over $300 on all stage passes

March 24, 2025

AI chip startup Furiosaai reportedly rejecting $800 million acquisition offer from Meta

March 24, 2025

20 Hottest Open Source Startups of 2024

March 22, 2025

Andrill may build a weapons factory in the UK

March 21, 2025
About Us
About Us

Welcome to Tech Brunch, your go-to destination for cutting-edge insights, news, and analysis in the fields of Artificial Intelligence (AI), Cryptocurrency, Technology, and Startups. At Tech Brunch, we are passionate about exploring the latest trends, innovations, and developments shaping the future of these dynamic industries.

Our Picks

TC Session: AI Trivi Account Down – Big Score with Tickets

June 1, 2025

TC Session: AI Trivi Account Down – Next Shot in Big

May 31, 2025

Google quietly released an app that allows you to download and run AI models locally

May 31, 2025

Subscribe to Updates

Subscribe to our newsletter and never miss our latest news

Subscribe my Newsletter for New Posts & tips Let's stay updated!

© 2025 TechBrunch. Designed by TechBrunch.
  • Home
  • About Tech Brunch
  • Advertise with Tech Brunch
  • Contact us
  • DMCA Notice
  • Privacy Policy
  • Terms of Use

Type above and press Enter to search. Press Esc to cancel.