Patent Draft With Ai In Orange
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FAQ
One important issue for patent law is whether inventions made using AI can be patented. Although U.S. patent law currently requires a human inventor and does not allow patenting of inventions made solely by AI, patents can be granted on some inventions that human inventors make with AI assistance.
AI-generated content can't be copyrighted because it isn't considered to be the work of a human creator.
Who can apply for a patent? A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
Prompts used for AI software can potentially have IPR protection, but the type of protection will vary: Patent law is unlikely to grant protection unless the prompt is part of a broader technical invention. Copyright law may protect creative prompts but not generic ones.
AI is based on computational models and mathematical algorithms which are per se of an abstract nature. Nevertheless, patents may be granted when AI leaves the abstract realm by applying it to solve a technical problem in a field of technology.
Copyright Ownership Issue But when an open-source licensed code is repeated as generated code by a generative AI tool, there may be copyright violation when the usage of such code does not follow the open-source license terms, such as attribution and distribution in a certain manner.
While AI systems and other non-natural persons cannot be listed as inventors on patent applications or patents, the use of an AI system by a natural person(s) does not preclude a natural person(s) from qualifying as an inventor (or joint inventors) if the natural person(s) significantly contributed to the claimed ...
Geographical breakdown of AI patents in 2024 RankCountryTotal AI Patents (2024) 1 China 12,945 2 United States 8,609 3 South Korea 1,537 4 Japan 1,5376 more rows •
Since an AI system doesn't meet the qualification of an inventor, it cannot transfer the patent filing rights related to the invention. Dr. Thaler's assertion of ownership through the "doctrine of accession," asserting rights due to his ownership of DABUS, was deemed erroneous.
While AI can aid in generating ideas and solutions, the inventive concept must originate in part from human ingenuity. Human inventors must make substantial contributions to the invention that go beyond merely using AI tools. Otherwise, the invention is not eligible for patent protection.
