Sorry AI you are not human!

Well, that was a headline to state the bleeding obvious (as per Fawlty Towers BBC TV). But that was what the US Patent and Trademark Office has decided over Artificial Intelligence vs humans in taking an inventive step. Only “natural persons” can be inventors and that has now been written in to patent law whereas previously it was “individuals”.

However, we are unclear as to the position The European Patent Office might take. They have a number of AI driven filings at the moment. Watch this space as it may yet be appealed.

The Iconoclast here wonders whether the appelant may be an AI entity representing an AI patent applicant? How would that be judged? We could go to China for that one maybe, where they already have AI presiding judges.

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