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Only real people can patent inventions – not AI, US Government says

cnn.com

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Re: Only real people can patent inventions – not AI, US Government says

#11

Post by romeros »

JohnFen wrote: post #9
bediger4000 wrote: post #4

Earlier quoted context omitted.

Doesn't your scheme point out contradictions in "intellectual property"? That is, a machine can churn out a discovery, demonstrating that the act of creation isn't special. And that undermines categories of justifications for IP. The machines in question aren't motivated to create by a government granted monopoly on the fruits of their creation. The act of creating the invention isn't special - a machine did it. No n…

> demonstrating that the act of creation isn't special. And that undermines categories of justifications for IP. The purpose of patents is simply to encourage invention and discourage keeping inventions a secret. It's not premised on the "act of creation being special". The way this is most likely to play out is that humans will use AI as tools to help them invent things, not that AI will invent things all by itself.…

I thought the purpose was to make sure other don't benefit from your own hardwork.

Re: Only real people can patent inventions – not AI, US Government says

#12

Post by tivert »

pfdietz wrote: post #2

AI could, however, poison the well for human patents, by making inventions and putting them into public view. Let's have LLMs churn out millions of discoveries, stick them on a public web site, then use that as a resource to kill other patents.

> AI could, however, poison the well for human patents, by making inventions and putting them into public view.

Feb 29, 2025, Washington, DC: "A Federal Court ruled today that AI-generated text does not qualify as prior-art...."

Re: Only real people can patent inventions – not AI, US Government says

#14

Post by lallysingh »

Delumine wrote: post #10

One thing I never understood.. is who actually checks for honesty in this space? For example we heard AI can't patent inventions, or copyright pictures/images. But how do you prove that my picture, or invention even used AI? If I remove watermarks from AI pictures, either through code or photoshop; Or just credit myself for the invention (I made it up in my head), how is this enforced? I see the only way of this AI s…

If someone challenged your patent, they can try to prove that you used an AI.

Re: Only real people can patent inventions – not AI, US Government says

#15

Post by pfdietz »

romeros wrote: post #11
JohnFen wrote: post #9

Earlier quoted context omitted.

> demonstrating that the act of creation isn't special. And that undermines categories of justifications for IP. The purpose of patents is simply to encourage invention and discourage keeping inventions a secret. It's not premised on the "act of creation being special". The way this is most likely to play out is that humans will use AI as tools to help them invent things, not that AI will invent things all by itself.…

I thought the purpose was to make sure other don't benefit from your own hardwork.

That's the purpose of a patent. It's not the purpose of patents (as a system.)

Re: Only real people can patent inventions – not AI, US Government says

#16

Post by aqme28 »

pfdietz wrote: post #2

AI could, however, poison the well for human patents, by making inventions and putting them into public view. Let's have LLMs churn out millions of discoveries, stick them on a public web site, then use that as a resource to kill other patents.

Anyone with such a strong LLM would just take those patents for themselves rather than put them out in public.

Re: Only real people can patent inventions – not AI, US Government says

#17

Post by Delumine »

lallysingh wrote: post #14
Delumine wrote: post #10

One thing I never understood.. is who actually checks for honesty in this space? For example we heard AI can't patent inventions, or copyright pictures/images. But how do you prove that my picture, or invention even used AI? If I remove watermarks from AI pictures, either through code or photoshop; Or just credit myself for the invention (I made it up in my head), how is this enforced? I see the only way of this AI s…

If someone challenged your patent, they can try to prove that you used an AI.

But there are AIs made to self-correct that they aren't AI. Humanizing their work. Likewise If I use AI to give me a blueprint of an idea, but I use my brain and methodologies to "reverse-engineer" it, how is this even enforced.

I doubt someone submitting to the USPTO is going to include "AS A LLM" somewhere in the submission lol.

Re: Only real people can patent inventions – not AI, US Government says

#18

Post by KoolKat23 »

Delumine wrote: post #10

One thing I never understood.. is who actually checks for honesty in this space? For example we heard AI can't patent inventions, or copyright pictures/images. But how do you prove that my picture, or invention even used AI? If I remove watermarks from AI pictures, either through code or photoshop; Or just credit myself for the invention (I made it up in my head), how is this enforced? I see the only way of this AI s…

You misunderstand it, you can use AI or whatever as a tool but the patent must be applied for under your name with you as the creator.

Re: Only real people can patent inventions – not AI, US Government says

#19

Post by [deleted] »

Delumine wrote: post #10

One thing I never understood.. is who actually checks for honesty in this space? For example we heard AI can't patent inventions, or copyright pictures/images. But how do you prove that my picture, or invention even used AI? If I remove watermarks from AI pictures, either through code or photoshop; Or just credit myself for the invention (I made it up in my head), how is this enforced? I see the only way of this AI s…

[deleted]

Re: Only real people can patent inventions – not AI, US Government says

#20

Post by staunton »

aqme28 wrote: post #16
pfdietz wrote: post #2

AI could, however, poison the well for human patents, by making inventions and putting them into public view. Let's have LLMs churn out millions of discoveries, stick them on a public web site, then use that as a resource to kill other patents.

Anyone with such a strong LLM would just take those patents for themselves rather than put them out in public.

You'd have to file them, which is not free. However, the point is moot. As someone pointed out above, putting AI-generated stuff out in public probably doesn't concern patents in any way.
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